V.Tamilselvan v. The Union Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.Nos.3134 and 3135 of 2024 V.Tamilselvan ... Petitioner -vsThe Union Bank of India Rep. by its Authorised Officer, Moovallur Branch, Door No.1-16, K.M.Nagar, Moovalur, Mayiladuthurai 609 003.

... Respondent Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records on the file of the respondent dated 03.01.2024 issued under section 13(4) of the SARFAESI Act and quash the same and consequently direct the respondent to return the documents in respect of the immovable property situated in (i) R.S.No.492/3, 493/1, 496/10 no 11., Sozhiya Street, Sitharkadu Village, Mayiladuthurai, Nagapattinam District, (ii) Survey old No.T.S.No.33 pt, New T.S.No.33-1 and Old T.S.No.36 pt., New T.S.No.36-1 (iii) S.No.493/2.

For Petitioner :

Mrs.Selvi George For Respondent :

Ms.Jayachitra * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petition challenges the notice dated 03.01.2024 issued under Section 13(4) of the SARFAESI Act and also seeks return of the documents pertaining to the immovable property.

2. After hearing the counsels for both the parties, without going into the details, by consent, the following order is passed: a) Respondent would close the accounts and hand over the documents pertaining to the housing loan accounts mentioned against Sl.Nos.1 and 2 at para 9 of the petition. The account numbers read as under:

T.Saraswathi - 188130100112065 V.Tamilselvan - 188130100067978 and 188130100101102

b) Ms.Jayachitra, counsel for respondent/bank, states that documents will be handed over immediately upon petitioner approaching the bank. Statement accepted as an undertaking. c) In view thereof, Ms.Selvi George for petitioner states the petition can be disposed of.

Accordingly, the petition is disposed of. We clarify that we have not made any observation on the merits of the other pending loans. There shall be no order as to costs. Consequently, interim applications stand closed. (K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 08.01.2025 Index :

Yes/No NC :

Yes/No sra

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY ,J.

(sra) To:

The Authorised Officer, The Union Bank of India Moovallur Branch, Door No.1-16, K.M.Nagar, Moovalur, Mayiladuthurai 609 003.

08.01.2025