V.Purushothaman v. The Authorized Officer Under Sarfaesi Act
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Purushothaman .. Petitioner Vs 1.The Authorized Officer under SARFAESI Act, Central Bank of India, Regional Office, 54, West Bouleward Road, Opp. Thevar Hall, Tiruchirapalli-620 008.
2.The Regional Manager, Central Bank of India, Regional Office, No.48/49, 2nd Floor, Montieth Road, Egmore, Chennai - 600 008.
3.The Branch Manager, Central Bank of India, Kandamangalam Branch, Villupuram District, Tamil Nadu.
4.R.Parvathi
5.M/s.Raj Trailer Industries, rep. by its Sole Proprietor Raju No.2/37, Cuddalore Road, Thirubhuvanai (via), Mannadipet Communue, Thirubhuvanai, Puducherry.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first and third respondents to return the auction amount of Rs.3,81,000/- with 18% interest from 27.03.2006 to till date of payment within the time stipulated by this Court due to failure of the officials of the Central Bank of India for not handing over the physical possession of the auctioned property till date. For the Petitioner : Mr.L.Swaminathan For the Respondents : Mr.M.L.Ganesh for respondents 1 to 3 : No Appearance for respondents 4 and 5
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.L.Swaminathan, learned counsel for the petitioner; and Mr.M.L.Ganesh, learned counsel for respondents 1 to 3.
2. Learned counsel for the respondent/bank submits that there is a chequered history. Submissions were made with regard to the tacit
understanding between the petitioner and the borrower, so also the revalidation of the sale made in the year 2019.
3. We are not inclined to go into the same, as a statement is made by learned counsel for the respondent/bank that within 15 days a fresh application would be filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the same would be prosecuted diligently. In view of the above, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.9283 of 2022 is closed.
(S.V.G., CJ.) (D.B.C., J.) 31.10.2023 Index :
Yes/No Yes/No sasi
To:
1.The Authorized Officer under SARFAESI Act, Central Bank of India, Regional Office, 54, West Bouleward Road, Opp. Thevar Hall, Tiruchirapalli-620 008.
2.The Regional Manager, Central Bank of India, Regional Office, No.48/49, 2nd Floor, Montieth Road, Egmore, Chennai - 600 008.
3.The Branch Manager, Central Bank of India, Kandamangalam Branch, Villupuram District, Tamil Nadu.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 31.10.2023