Sundar Meenakshi Chockalingam v. The Assistant General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.10471 of 2021 Sundar Meenakshi Chockalingam No.227, 39th C Cross 9th Main Jayanagar 5th Block Bangalore- 560 041.

.. Petitioner Vs.

1 The Assistant General Manager and Authorized Officer ARM Branch, Canara Bank 2nd Floor, Circle Office Building No.563/1, Anna Salai, Teynampet Chennai- 600 018.

2 M/s. Vaasan Medical Centre (India) Pvt. Ltd. No.15-A, Main Road Thillai Nagar Trichy -620018.

3 Meera Arjun 4 V.Dwarakanathan 5 D.Nirmala ..

Respondents [R2 to R5 impleaded vide order dated 27/04/2021 made in W.P.No.10471/2021] Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to handover the physical possession of the property situated at Flat bearing 3A, Third Floor, Situated at Door No. 36 (Old No.25), Block No.85, Doshi Apartments, Archibishop Mathias Avenue, Boat Club Road, Raja Annamalaipuram, Chennai600 028 and to provide interest and compensation for loss suffered due to delay caused by the respondent bank by considering the petitioners representation dated 10.02.2020.

For Petitioner :

Mr.G.Vijayakumar For Respondents :

Mr.M.L.Ganesh for respondent-1 Mr.P.Sathish Kumar for respondents 2 to 5

ORDER

(Made by the Hon'ble Chief Justice) The petitioner is the auction-purchaser of an immovable property at a sale conducted by Canara Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. The matter has been previously adjourned on the ground that some matter is pending before the Supreme Court. At the bank's suggestion that the matter be adjourned again, this court was not inclined, particularly since the bank cannot show any order setting aside the sale or injuncting the handing over of possession of the property in question to the auction-purchaser. The bank says that the borrowers have tried to scuttle the process by filing frivolous proceedings and in one of such proceedings where an order passed under Section 14 of the Act by an executive functionary was challenged, this court held that the District Collector or the relevant Judicial Magistrate had due authority to appoint an advocate commissioner under Section 14 of the Act. It is such order which has been taken up to the Supreme Court and the appeal is pending.

3. Since the petitioner herein is aware of such Supreme Court proceedings, it is evident that no order can be made immediately. Accordingly, W.P.No.10471 of 2021 is disposed of with liberty to the petitioner to take whatever remedy that may be available to the petitioner, including by filing a fresh writ petition upon the disposal of the relevant matter before the Supreme Court, with a prayer for interest or damages or both for the delayed delivery of the property by the bank.

4. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

kpl To The Assistant General Manager and Authorized Officer ARM Branch, Canara Bank 2nd Floor, Circle Office Building No.563/1, Anna Salai, Teynampet Chennai- 600 018.

W.P.No.10471 of 2021 AK-II(CO) SB(09/08/2021)