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Madras High CourtWP/12593/2023disposed of

E.Lakshmi v. The General Manager

2023-06-27Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU E.Lakshmi .. Petitioner Vs 1.The General Manager, Indian Overseas Bank, Central Office, No.763, Anna Salai, Chennai, Pin Code-600 002.

2.The Assistant General Manager, Indian Overseas Bank, Central Office, No.763, Anna Salai, Chennai, Pin Code-600 002.

3.The Chief Regional Manager,

4.The Authorised Officer, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the fourth respondent to consider the petitioner representation letter dated 9.2.2023 to hand over the physical possession of schedule property to the petitioner in respect of the financial term Loan No.130003351200010 through SARFAESI Act.

For the Petitioner : Mr.Pari Gopal For the Respondents : Mr.Ananda Gomathy

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.Pari Gopal, learned counsel for the petitioner, and Mrs.Ananda Gomathy, learned counsel for the respondents.

2. Learned counsel for the petitioner submits that the petitioner is purchaser of the property in the auction from the respondent bank. However, as yet, the possession has not been handed over to the petitioner. The bank is not taking any steps.

3. Learned counsel for the petitioner submits that the bank has filed an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for physical possession with the Chief Judicial Magistrate, Vellore and now the next date is fixed as 1st July, 2023.

4. As steps are undertaken by the bank, the bank may prosecute the same expeditiously.

5. With the aforesaid observation, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 27.06.2023 Index :

Yes/No :

Yes/No bbr

To 1.The General Manager, Indian Overseas Bank, Central Office, No.763, Anna Salai, Chennai, Pin Code-600 002.

2.The Assistant General Manager, Indian Overseas Bank, Central Office, No.763, Anna Salai, Chennai, Pin Code-600 002.

3.The Chief Regional Manager, 4.The Authorised Officer,

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr 27.06.2023