Mrs.Sudha Mohanraj v. The Presiding Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sudha Mohanraj ..
Petitioner Vs.
1. The Presiding Officer Debts Recovery Tribunal Coimbatore.
2. Union of India Rep. by Punjab National Bank Mild Corporate Centre - Coimbatore No.109, Sarojini Street Ram Nagar Coimbatore 641 009.
3. The Joint I Sub Registrar Coimbatore North, Coimbatore.
4. A.Kaniraj ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records on the file of the 1st respondent in his proceedings cum order passed in S.A.(N.D.N) No.1563/2023 dated 18.01.2024 and quash the same as illegal and null and void.
For the Petitioner : Mr.S.Venkatesh For the Respondents : Mrs.S.R.Sumathy for Respondent-2 Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.Abishek Murthy Government Advocate for Respondent-3 Mr.S.Gopi for Respondent-4
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.S.Venkatesh, learned counsel for the petitioner, Mrs.S.R.Sumathy, learned counsel for the second respondent, Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.Abishek Murthy, learned Government Advocate for the third respondent and Mr.S.Gopi, learned counsel for the fourth respondent.
2. Learned counsel for the petitioner submits that he has filed
this writ petition for a limited purpose, i.e., seeking extension of time to deposit the remaining amount, as directed by the Debts Recovery Tribunal under order dated 18.01.2024 in S.A.(N.D.N.) No.1563 of 2023.
3. Learned counsel for the bank and the auction purchaser submit that even the sale certificate is registered and the petitioner does not have right of redemption.
4. We are not considering the merits of the matter. The contention of the petitioner is that two weeks further time be granted to deposit Rs.90 lakh. He has deposited Rs.2.70 crore. He seeks extension of time to deposit, as directed under order dated 18.01.2024.
5. In the light of the above, we pass the following order: (i) The petitioner shall deposit the amount of Rs.3.68 crore (Rupees three crore and sixty eight lakh only), as directed under order dated 18.01.2024 in
S.A.No.1563 of 2023 within two weeks from today; (ii) As the petitioner has already deposited Rs.2.70 crore (Rupees two crore and seventy lakh), the remaining amount, so as to make it Rs.3.68 crore (Rupees three crore and sixty eight lakh only), shall be deposited within two weeks from today; and (iii) The above deposit shall be without prejudice to the rights and contentions of the parties.
5. It is made clear that by extension of time to deposit the amount, we have not decided the rights of the parties nor dealt with the merits of the contention.
The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.2645 and 2654 of 2024 are closed. (S.V.G., CJ.) (D.B.C., J.) 13.02.2024 Index :
Yes/No
:
Yes/No kpl To
1. The Presiding Officer Debts Recovery Tribunal Coimbatore.
2. Punjab National Bank Mild Corporate Centre - Coimbatore No.109, Sarojini Street Ram Nagar, Coimbatore 641 009.
3. The Joint I Sub Registrar Coimbatore North, Coimbatore.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 13.02.2024