G.Thilagarani v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP No.325 of 2024 G.Thilagarani .. Petitioner -vs1. The Secretary, Government of Tamil nadu, Agricultural Department, Secretariat, Chennai.
2. The Authorised Officer, M/s.Bank of India, Recovery Department, Coimbatore Zonal Office, Star House, No.324, Oppanakara Street, Coimbatore 641 001.
3. The District Collector, Nilgiris.
4. State Level Bankers' Committee, Convenor, Indian Overseas Bank, 763, Anna Salai, Chennai 600 002.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd Respondent herein to consider and pass orders on the representations of the petitioner seeking One Time Settlement dated 18.04.2022, 6.9.2023 and 30.10.2023 within a time frame.
For Petitioner :
Mr.Srinath Sridevan Senior Counsel for Mr.P.M.N.Bhagavath Krishnan For Respondents :
Mr.K.Karthik Jegannath Government Advocate for RR 1 and 3 :
Mr.F.B.Benjamin George for R-2 :
Not ready in notice reg. R-4 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.Srinath Sridevan, learned senior counsel for the petitioner, Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 and 3 and Mr.F.B.Benjamin George, learned counsel for respondent No.2.
2. The learned senior counsel for the petitioner submits that the petitioner has filed a Securitisation Application before the Debts Recovery Tribunal, Coimbatore, challenging the sale notice. The present writ petition is also filed before this Court seeking direction to the 2nd respondent to consider One Time Settlement.
3. We had, by an interim order, permitted the sale to proceed, however, passed an order not to finalise the same on condition that the petitioner deposits an amount of Rs.16,00,000/- (Rupees sixteen lakhs only). The petitioner has complied with the order and deposited Rs.16,00,000/-. It is the further submission that the petitioner has also deposited an amount of Rs.10,00,000/- (Rupees ten lakhs only) after the issuance of the notice under Section 13(2) of the SARFAESI Act, 2002.
4. The learned senior counsel for the petitioner submits that the petitioner would prosecute the Securitisation Application before the Debts Recovery Tribunal.
5. In light of that, the amount of Rs.16,00,000/- deposited by the petitioner is transmitted to the Debts Recovery Tribunal, Coimbatore.
6. The interim protection granted by this Court shall continue for a period of fifteen days from today so as to enable the petitioner to
seek appropriate relief before the Debts Recovery Tribunal. Needless to state that on lapse of fifteen days, the interim protection granted by this Court shall come to an end and the parties would be governed by the orders passed by the Debts Recovery Tribunal. With the aforesaid observation, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(S.V.G., CJ.) (J.S.N.P., J.) 10.04.2024 Index : Yes/No : Yes/No sra To
1. The Secretary, Government of Tamil nadu, Agricultural Department, Secretariat, Chennai.
2. The Authorised Officer, M/s.Bank of India, Recovery Department, Coimbatore Zonal Office, Star House, No.324, Oppanakara Street, Coimbatore 641 001.
3. The District Collector, Nilgiris.
4. State Level Bankers Committee, Convenor, Indian Overseas Bank, 763, Anna Salai, Chennai 600 002.
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.
(sra) 10.04.2024