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Madras High CourtWP/13038/2020disposed of

Ravi v. The Authorised Officer

2020-10-01Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.13038 of 2020 Ravi ..Petitioner Vs The Authorised Officer, Can Bank Factors Limited, BMH SRINIVVAS, II Floor, Near ICICI Building, Trichy Road, Coimbatore - 641 018.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent to consider the petitioner's representation dated 03.08.2020 and grant extension of 3 months time from the date of order of this Court to make payment of the balance bid amount of Rs.90,75,000/- in view of the hardship caused by lockdown and Covid 19 and complete the sale transaction in pursuance of the sale notice dated 10.02.2020.

For Petitioner ..

Mr.P.K.Suresh For Respondent ..

Ms.S.R.Sumathy

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the respondent to consider the representation dated 03.08.2020 and grant extension of 3 months time from the date of order of this Court to make payment of the balance bid amount of Rs.90,75,000/- in view of the hardship caused by lockdown and Covid 19 and complete the sale transaction in pursuance of the sale notice dated 16.02.2020, the present writ petition has been filed.

2.The petitioner is the successful bidder in the sale conducted by the respondent. Though initial condition has been complied with by the petitioner by paying 1/4th of the bid amount, the remaining amount could not be paid in view of the pandemic situation.

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3.We have heard the learned counsel appearing for the parties.

4.Learned counsel appearing for the petitioner submitted that the fact that the non payment has arisen due to the pandemic situation is not in dispute. The petitioner is ready to comply with the required payment of balance amount within a period of four weeks from the date of receipt of a copy of this order.

5.Learned counsel appearing for the respondent submitted that if the petitioner shows his bonafide by making payment within the aforesaid period, the sale will be confirmed and the sale certificate will be issued.

6.In view of the above, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar W.P.No. 13038 of 2020 SV(CO) RV(03/12/2020) https://hcservices.ecourts.gov.in/hcservices/