Mr.Inbaraj v. Chapa Asish

ORDER (Order of the Court was made by the Hon'ble Chief Justice) Prayer in this application is to review and recall the order dated 09.10.2025 passed in W.P.No.15557 of 2025, based mainly on the ground that though counsel had filed vakalat on 25.06.2025, her name was not printed in the cause-list and the Court proceeded to pass order against ninth respondent herein, the review applicant.

¶2It is brought to our notice that though she has filed vakalat, her name was not printed in the cause-list. However, it is clear that the name of the party was printed in the cause list.

¶3Be that as it may, submission of learned counsel for the applicant is that even though there is no interim order in favour of applicant in any proceedings, there is serious allegation of fraudulent transaction and even validity of sale and possession proceedings is pending consideration before the Debt Recovery Appellate Tribunal.

¶4This Court had taken note of pendency of proceedings, but recorded a finding that in the absence of there being an interim order, the auction-purchaser cannot remain deprived of the fruits of the sale proceedings. On this premise, writ petition was disposed of. Even after hearing learned counsel for applicant, this legal and factual position remains the same.

¶5The review application is, therefore, dismissed. We make it clear that all the issues with regard to the legality and validity of sale or allegation of fraudulent transaction are open to be considered by the competent authorities in appropriate forum and this order shall not prejudice any defence which the applicant may have taken or may take in those proceedings. Consequently, the interim application is also dismissed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)

19.02.2026 Index : kpl To

¶1The Secretary Office Of The Minister Of Finance 3rd Floor, Jeevan Deep Building Parliament Street, New Delhi.

¶2The Regional Director C/o Reserve Bank Of India Fort Glacis, Rajaji Salai, Chennai - 600 001.

¶3The Banking Ombudsman C/o Reserve Bank Of India Fort Glacis, Rajaji Salai, Chennai - 600 001.

¶4The Principal Nodal Officer/ Grievance Redressal Indian Bank Head Office No.66, Rajaji Salai Chennai - 600 001.

¶5The Chief General Managers Rep by Maya Nagarajan V CGM - Recovery And Legal Indian Bank, Corporation Office 254 - 260, Avvai Shanmugam Salai Royapettah, Chennai - 600 014.

¶6The General Manager Rep By Suresh Kumar - S Gm - Compliance /CCO (Chief Compliance Officer) 254 - 260, Avvai Shanmugam Salai Royapettah, Chennai - 600 014.

¶7The Chief Manager Rep By Sahadevan, S/o Thangakrishnan Indian Bank Stressed Assets Management Branch Chennai, Wellington Estate No. 55 Ethiraj Salai, Chennai - 600 008. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

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19.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.02.2026 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.45429 of 2025 Inbaraj S/o Pichaimuthu Plot No. 9, Ebenezer Avenue Mogappair West, Mogappair Chennai - 600 037. Appellant(s) Vs 1. Chapa Asish S/o Bhaskara Rao Director Of M/s Seapride Management And Consulting Services Pvt Ltd. Office At Door No. 12, First Floor, F-1 3rd Main Road, Nanganallur Chennai - 600 061. 2. The Union Of India Represented By Its Secretary Office Of The Minister Of Finance 3rd Floor, Jeevan Deep Building Parliament Street, New Delhi. 3. The Regional Director C/o Reserve Bank Of India Fort Glacis, Rajaji Salai, Chennai - 600 001. 4. The Banking Ombudsman C/o Reserve Bank Of India Fort Glacis, Rajaji Salai, Chennai - 600 001. 5. The Principal Nodal Officer/ Grievance Redressal Indian Bank Head Office No.66, Rajaji Salai Chennai - 600 001. 6. The Chief General Managers Rep by Maya Nagarajan V CGM - Recovery And Legal Indian Bank, Corporation Office 254 - 260, Avvai Shanmugam Salai Royapettah, Chennai - 600 014. 7. The General Manager Rep By Suresh Kumar - S Gm - Compliance /CCO (Chief Compliance Officer) 254 - 260, Avvai Shanmugam Salai Royapettah, Chennai - 600 014. 8. The Chief Manager Rep By Sahadevan, S/o Thangakrishnan Indian Bank Stressed Assets Management Branch Chennai, Wellington Estate No. 55 Ethiraj Salai, Chennai - 600 008. 9. M/s Alumet Coats Inc Represented By Its Partners P. Inbaraj And Hemanth Swaroup Raja R Flat No. 1A, Aishwaraya Enclave Apartments Plot No. H24, East Avenue, Korattur Chennai - 600 080. 10.Hemanth Swaroupraja. P (Partner) S/o Ramesh Chander Raja Flat No.1A, Aishwaraya Enclave Apartments Plot No. H24, East Avenue, Korattur Chennai - 600 080. 11.Ramesh Chander Raja (Guarantor) Flat No.1A, Aishwaraya Enclave Apartments Plot No. H24, East Avenue, Korattur Chennai - 600 080. Respondent(s) Prayer : Petition filed under Order 47, Rule 1, CPC read with Section 114, CPC to review and recall the order dated 09.10.2025 passed in W.P.No. 15557 of 2025. For Appellant(s): Ms. N.Prasanthi For Respondent(s): Mrs. D.Kamachi for R1