Madras High CourtWP/2782/2024disposed of

G.Kavitha v. The Authorized Officer

2024-02-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.G.Kavitha 2.A.P.Ganesh Kanna .. Petitioners vs 1.The Authorized Officer, ICICI Home Finance Company Limited, Shop No.102, 103 and 115, I Floor, D.No.483, Ashoka Plaza, Dr.Nanjappa Road, Coimbatore-641 018.

2.The Branch Manager, ICICI Home Finance Co. Limited, Tiruppur Branch, Door No.66, First Floor, G.G. Towers, Kumaran Salai, Opp. to Town Hall, Tiruppur-641 601.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to issue demand and sale notice to the petitioner by considering the representation dated 15.1.2024.

For the Petitioners : Mr.B.Gopalakrishnan

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We had passed orders in the matter on 9.2.2024. However, as it appeared that we were not properly assisted in the matter by learned counsel for the petitioners, we had kept the matter today.

2. We have heard Mr.B.Gopalakrishnan, learned counsel for the petitioners.

3. The petitioners are seeking direction against the respondents to issue demand and sale notices to the petitioners by considering their representation dated 15.1.2024.

4. The petitioners can, at any time, ask for the copies of the said notices from the respondent bank.

5. It is submitted that the sale that was scheduled on

25.01.2024 did not materialize.

6. In case further steps are taken by the respondent bank, it is for the petitioners to challenge the same before the appropriate forum. In that event, all contentions are kept open. The writ petition, as such, is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.3043 of 2024 is closed. W.M.P.No.3042 of 2024 filed by the petitioners to file a single writ petition is allowed and disposed of, inasmuch the petitioners have paid separate court-fee.

(S.V.G., CJ.) (D.B.C., J.) 12.02.2024 Index :

Yes/No :

Yes/No bbr

To 1.The Authorized Officer, ICICI Home Finance Company Limited, Shop No.102, 103 and 115, I Floor, D.No.483, Ashoka Plaza, Dr.Nanjappa Road, Coimbatore-641 018.

2.The Branch Manager, ICICI Home Finance Co. Limited, Tiruppur Branch, Door No.66, First Floor, G.G. Towers, Kumaran Salai, Opp. to Town Hall, Tiruppur-641 601.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 12.02.2024