D. Radha Krishnan, G. Devaraja Pillai and R. Ramathilagam vs The Presiding Officer, Debts Recovery Tribunal III and Indian Bank, P.V. Kalathur Branch

S.J. Mukhopadhaya, J.—The grievance of the petitioners is that they have filed a petition before the Debts Recovery Tribunal III, Chennai, which has been returned on the ground that it is not maintainable.

We have heard the learned Counsel appearing for the parties and perused the records.

In this connection, we may observe that this present revision application is not maintainable in the absence of any specific order of the Debts Recovery Tribunal, but if one or other case is not maintainable, the Debts Recovery Tribunal, after registering the case, may give the ground for not entertaining the case, but it cannot refuse to register the case and cannot return the documents. Accordingly, we allow the petitioners to re-present the petition before the Debts Recovery Tribunal-III, Chennai, which after registering the case, will pass appropriate orders, after hearing the parties. If the application is ''not maintainable'', the Tribunal should give reason for the same.

The civil revision petition stands disposed of with the aforesaid observation. There shall be no order as to costs. Consequently, M.P. No. 1 of 2009 is closed.