R.YUVARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The case of the petitioner is as below:-

(2.) Being an exparte award without proper notice, the petitioner filed appeal before the first respondent with delay of 525 days explaining the cause for delay. The first respondent, without proper application of mind, had dismissed the appeal citing delay. Hence, this writ petition is filed challenging the order passed by the first respondent dated 09/01/2017 dismissing the appeal filed by the petitioner against the exparte award passed by the second respondent in ARC No. 1255/2013 dated 23/02/2015.

(3.) According to the petitioner, he was not a guarantor for the chit transaction of Venkat. He has not signed any document or pronote in favour of the 3rd respondent. No notice was served to him in the ARC proceedings. His address shown in the ARC petition is wrong. The 3rd respondent by giving incomplete address has obtained exparte award against him. Instead of proceeding against the debtor who borrowed money from the 3rd respondent, wantonly proceeded against the guarantor in the execution proceedings by furnishing his official address and discreetly got attachment of his salary. Only after the attachment of his salary by the garnishee, he come to know about the award and obtained the certificate copy of the award to proceeded with the appeal. In the said process, there was delay of 525 days. The first respondent should have given an opportunity to defend his case by condoning the delay. Instead, he had dismissed the appeal on the ground of limitation against the principles of natural justice.