Madras High CourtWP/9513/2021disposed of

C.Prabakaran v. The Chief Manager

2023-10-06Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.Prabakaran .. Petitioner -vs1. The Chief Manager, M/s.Bank of Baroda, (Erstwhile DENA Bank is amalgamated with the Bank of Baroda wef 01.04.2019) Aminjikarai Branch, Aminjikarai, Chennai 600 029.

2. The General Manager, Bank of Baroda, Zonal Office, Baroda Pride, New No.41, 3rd Floor, Luz Church Road, Mylapore, Chennai-04.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to transfer physical possession to the petitioner that he is duly entitled or refund the sum of Rs.29,85,000/- (Rupees Twenty-nine lakhs and eighty-five thousand only) received by them under an auction sale dated 10.01.2019 and conveyed vide sale certificate dated 26.02.2019 together with interest at the rate of 24% per annum from the date of sale certificate till the date of transferring possession or repayment of the sum.

For the Petitioner :

Mr.Leelesh Sundaram for Nathan and Associates For the Respondents :

Mr.G.R.Lakshmanan * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Leelesh Sundaram, learned counsel for the petitioner and Mr.G.R.Lakshmanan, learned counsel for the respondents.

2. The learned counsel for the respondents-Bank submits that the possession of the subject property has been taken and the keys are also with him.

3. In view of the said statement, the petitioner shall remain present at the subject writ site on 09.10.2023 by 12.00 noon. The Authorised Officer of the bank shall remain present at 12.00 noon on 09.10.2023 at the subject writ site and hand over the keys to the petitioner and place the petitioner in possession.

The writ petition is, accordingly, disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 06.10.2023 Index : Yes/No : Yes/No sra To

1. The Chief Manager, M/s.Bank of Baroda, (Erstwhile DENA Bank is amalgamated with the Bank of Baroda wef 01.04.2019) Aminjikarai Branch, Aminjikarai, Chennai 600 029.

2. The General Manager, Bank of Baroda, Zonal Office, Baroda Pride, New No.41, 3rd Floor, Luz Church Road, Mylapore, Chennai-04.

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

(sra) 06.10.2023