S.Jayabalan v. The Catholic Syrian Bank Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Jayabalan :

Petitioner versus 1.The Catholic Syrian Bank Ltd., Karur Branch by its Authorised Officer, No.2/3, KMO Complex, 80 Feet Road, Karur, Tamil Nadu 639 002 2.M/s.Radha Weaving Factory, by its Proprietrix Radha, 57, Rathinam Street, Opp. To Amuda Cinema Theatre, Karur 639 002 3.A.Sukumaran :

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Recovery Inspector/ Recovery Officer or Debt Recovery Tribunal at Coimbatore to issue Sale Certificate in petitioner favour in consonance of the proceedings in DRC No.271/2002 dated 10.04.2006 now rest at Coimbatore DRT vide T.A.No.11 of 2023 within a stipulated time.

For Petitioner :

Mr.V.Sivakumar For Respondents :

Mr.G.Govarthanan, for respondent No.1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the petitioner, learned counsel appearing for the first respondent bank and Ms.Shivana Haridas, Recovery Officer, Debts Recovery Tribunal, Coimbatore.

2. Pursuant to the order passed by this Court earlier on 06.08.2025, Recovery Officer of the Debts Recovery Tribunal, Coimbatore appears through video conferencing and submits that the delay has occasioned as there was change of jurisdiction of the Debts Recovery Tribunal, Coimbatore. It is, however, submitted that now, the Debts Recovery Tribunal, Coimbatore, has again been conferred territorial jurisdiction to deal with matters relating to the respondent bank.

3. Upon being inquired as to whether there is any order produced before the Recovery Officer of the Debts Recovery Tribunal, Coimbatore in the matter of challenge to the auction proceedings or any order passed by the Court, the Recovery Officer submits that the

Tribunal has no such document or order before it. If that is so, we are of the view that the Recovery Officer should proceed forthwith to issue sale certificate in favour of the petitioner, subject to, of course, verification with regard to deposit of the entire auction money with the bank.

4. We are not inclined to keep this petition pending. The Recovery Officer shall issue sale certificate to the petitioner within a period of three weeks from today. The petition stands disposed of. There will be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (SUNDER MOHAN, J.) 29.08.2025 Index : Yes/No : Yes/No tar To The Recovery Officer, Debt Recovery Tribunal, Coimbatore

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(tar) 29.08.2025