State Bank Of India v. Mr. Mathivaanan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY State Bank of India SARB, Red Cross Building Montieth Road, Egmore Chennai 8 rep. by its Chief Manager.

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Petitioner Vs.

Mathivaanan Tahsildar, Ponneri Taluk Tiruvallur District.

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Respondent For Petitioner)s):

Mr.M.L.Ganesh For Respondent(s) Mr.A.Edwin Prabakar State Government Pleader assisted by Mrs.E.Ranganayaki

Addl. Government Pleader Mr.R.Thiagarajan for three tenants (Intervenors) Mr.C.Parthasaradhi Authorised Officer SBI, SARB, Chennai [Present in Court]

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Shri M.L.Ganesh, on instructions from Mr.Parthasaradhi, Chief Manager, who is present in Court and is identified by Shri Ganesh, states that before 5.30 P.M. the rooms of the tenants will be opened and keys will be handed over, in view of the order dated 10th December, 2024 passed by this Court. Undertaking is accepted.

2. At this stage, Shri Thiagarajan, on instructions from Mr.Gunasekaran and Mrs.Yamini Devi, who are present in Court, states that they and Ashok Kumar who is not present today, shall strictly comply with the undertaking recorded on 10th December, 2024 and vacate the

premises on 9th January, 2025 by 12.00 noon.

3. Shri Ganesh states that Mr.Parthasaradhi along with his junior will go to the premises to take possession and place bank's lock therein.

4. Shri Thiagarajan, on instructions from Gunasekaran, states that Gunasekaran is in occupation of the first floor, but has placed some of his personal belongings on the second floor. Shri Thiaragajan states Gunasekaran will remove all his belongings from second floor and move it to the first floor today itself and hand over possession so that the bank can lock the second floor and take into its custody. Shri Thiagarajan says the ground floor is in possession of Ashok Kumar. He further states that Ashok Kumar works as a driver and is presently on duty at Chengalpattu and Ashok Kumar is expected tomorrow. He says Ashok Kumar's wife is available, who will also be instructed by Shri Thiagarajan to remain present today to take keys from Mr.Parthasaradhi for the ground floor premises.

5. On the next date of hearing, the borrower Tamilarasi shall also remain present in Court. Shri Ganesh says he shall forward a copy of this order to Tamilarasi, as also her advocate, by courier/speed post and also by hand delivery and file affidavit of service within two weeks. Stand over to 10.01.2025.

(K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 17.12.2024 bbr