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Madras High CourtWP/9325/2020disposed of

P.Ravichandran v. The State Bank Of India

2020-09-09Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 9325 of 2020 and W.M.P.Nos. 11401 & 11402 of 2020 P.Ravichandran

...Petitioner

Vs 1.The State Bank of India, Rep. By its General Manager, Chennai Zonal Office, Chennai.

2.The State Bank of India, Rep. By its Assistant General Manager, Stressed Assets Recovery Branch, Vinayaganagar Branch(Upstairs), 8, Dr.Ambedkar Road, Madurai - 625 020.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned proceedings of the 2nd respondent dated 15.06.2020 and quash the same as illegal and consequently direct the respondent to exclude the time between 01.04.2020 and 01.06.2020 in computation of the three months of extension granted by the respondent vide its proceedings dated 17.04.2020 and consequently permit the petitioner to remit the balance sale consideration/bid amount within a period of two months.

For Petitioner :

Mr.Ajmal Khan, Sr. Advocate for M/s.Ajmal Associates For Respondents :

Mr.Sethuraman

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Challenging the impugned proceedings of the 2nd respondent dated 15.06.2020 and for a consequential direction to the respondent to exclude the time between 01.04.2020 and 01.06.2020 in computation of the three months of extension granted by the respondent vide its proceedings dated 17.04.2020 and permit the petitioner to remit the balance sale consideration/bid amount within a period of two months, the present writ petition has been filed.

2.When the matter is taken up for hearing, the learned senior counsel appearing for the petitioner submitted that the remaining balance amount has been paid and received by the respondent/Bank. The said factum has also been acknowledged by the learned counsel appearing for the respondent/Bank. 3.In such view of the matter, the writ petition stands closed. The respondent Bank is directed to issue sale certificate within a period of four weeks from the date of receipt of a copy of this order and thereafter complete the remaining formalities of registration. Inasmuch as the petitioner could not comply with the direction within the time granted by this Court, 6% interest will have to be paid for two months in two equal instalments, within a period of four weeks from the date of receipt of a copy of this order. 4.With the above direction, the writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To 1.The General Manager, State Bank of India, Chennai Zonal Office, Chennai.

2.The Assistant General Manager, State Bank of India, Stressed Assets Recovery Branch, Vinayaganagar Branch(Upstairs), 8, Dr.Ambedkar Road, Madurai - 625 020.

W.P.No. 9325 of 2020 AJS(CO) RN(05/11/2020)