S.Jagan Director, v. Authorized Officer And Amp,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 7527 of 2020 & W.M.P.No.11728 of 2020 S.Jagan Director, EL - OS Formusols India Pvt Ltd., No.4 & 5, Second Floor, Subbu Plaza, 82/A, STSTE Bank Road, Coimbatore - 641 018.

.. Petitioner Vs 1.The Authorized Officer and Deputy General Manager, Circle Head First Floor "May Flower"

Oriental Bank of Commerce, Email : bm0563@cbe.co.in No.434, Oppanakara Street, Coimbatore - 641 001.

2.The Web Portal E-Auction Platform, Websiteportal http//ibapi.in .. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the 1st respondent public notice for e-auction for sale of petitioner's immovable properties on 27.03.2020 and quash the same as illegal, improper and void set aside the above sale.

For Petitioner ..

Dr.S.N.Amarnath For Respondents ..

Mr.S.Rajendran Raghavan for R1

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Challenging the public notice of the first respondent for eauction for sale of petitioner's immovable properties on 27.03.2020, the present writ petition has been filed.

2. After making submissions on merit, the learned counsel appearing for the petitioner submitted that the petitioner may be permitted to proceed the appeal, though not numbered, before the Debts Recovery Tribunal. Learned counsel also submitted that he would filed an application for the impleadment of the auction purchaser.

3. Learned counsel appearing for the first respondent submitted that all the proceedings have been completed and the third party interest has crept in. However, the learned counsel submitted that the name and address of the auction purchaser will be given to the petitioner within a period of one week from the date of receipt of a copy of this order.

4. In view of the above, the writ petition stands disposed of leaving all the issues open with liberty to the petitioner to raise the same before the Debts Recovery Tribunal with further liberty to implead the auction purchaser. Needless to say that the first respondent shall furnish the name and address of the auction purchaser to the petitioner, if not done already. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Authorized Officer and Deputy General Manager, Circle Head First Floor "May Flower"

Oriental Bank of Commerce, Email : bm0563@cbe.co.in No.434, Oppanakara Street, Coimbatore - 641 001.

2.The Web Portal E-Auction Platform, Websiteportal http//ibapi.in 3.The Registrar, Debts Recovery Tribunal, Chennai.

+1cc to Dr.S.N.Amarnath, Advocate Sr.25447 W.P.No. 7527 of 2020 ssv[co] srg 07/08/2020