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February 26, 1998

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Radha Ravi's plea against bank tribunal's order quashed

The Madras high court today dismissed the petitions filed by Tamil film actor Radha Ravi and his sister Rani Srinivasan, seeking to quash the order of the debts recovery tribunal, Madras, directing him to pay Rs 14.1 million with interest to the Indian Bank towards repayment of loan dues.

Dismissing the petitions, Justice C Shivappa said when a right was created by a statute, which itself prescribed remedy or procedure, the particular statutory remedy should be resorted to before invoking Article 226 and the court may decline to interfere until the statutory remedy was exhausted.

In the absence of any exceptional circumstances, a petition under Article 226 would not be maintainable merely because the statutory remedy was onerous, the judge said.

Radha Ravi had obtained the loan from Indian Bank for his film business and for modification of his house. His sister had stood guarantee for the loan.

The bank filed an application before the tribunal against Radha Ravi for the recovery of Rs 12 million with interest at 25.25 per cent from the date of application till realisation.

The tribunal held that the bank was entitled to recover the loan as prayed for and even sell the actor's immovable properties to recover the loan amount due. If the sale proceeds were deficient, Radha Ravi was personally liable to pay the deficient amount with interest, it said.

UNI

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