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Madras High CourtWP/14260/2023disposed of

Uma Devi v. The General Manager

2023-05-25Honourable Mr Justice B.Pugalendhi,Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2023 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Uma Devi .. Petitioner Vs

1. The General Manager Canara Bank 563, PB 1078, 1, Anna Salai Teynampet, Chennai - 600 018.

2. The Manager Canara Bank 563, PB 1078, 1, Anna Salai Teynampet, Chennai - 600 018.

3. Vijaya

4. G.Raveendra Kumar

5. P.Saravana Praveen Kumar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to cancel the sale certificate in pursuance of the sale of the petitioner's property situated at No.17/A, Pillaiyar Kovil Street, Perungudi, Chennai - 600 006, and direct the respondents to receive the sale consideration of Rs.2,01,00,000/- from the petitioner within a reasonable time.

For the Petitioner : Mr.S.Thiruvengadam

ORDER

(Order of the court was made by V.LAKSHMINARAYANAN,J.) The petitioner seeks to cancel the sale certificate with respect to her property situated at No.17/A, Pillaiyar Kovil Street, Perungudi, Chennai - 600 006, and to receive a sum of Rs.2,01,00,000/- towards the sale consideration which has already been paid by the fifth respondent/auction-purchaser.

2. We are afraid we cannot entertain this writ petition because the petitioner has an alternative remedy of appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal. However, considering the fact that the petitioner comes from a scheduled caste community and the property is a valuable one, status-quo shall be maintained as on today for a period of two weeks. The petitioner shall approach the jurisdictional Debts Recovery Tribunal within that period.

With the aforesaid observation, the writ petition is disposed of. There will be no order as to costs.

(B.P., J.) (V.L.N., J.) 25.05.2023 Index :

No No sasi/bbr To:

1. The General Manager Canara Bank 563, PB 1078, 1, Anna Salai Teynampet, Chennai - 600 018.

2. The Manager Canara Bank 563, PB 1078, 1, Anna Salai Teynampet, Chennai - 600 018.

B.PUGALENDHI, J.

AND V.LAKSHMINARAYANAN, J.

sasi/bbr 25.05.2023