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Madras High CourtWP/1802/2023disposed of

K.Murugaraji v. The Secretary

2023-08-14Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. Murugaraji

2. A.Suresh Kumar ..

Petitioners Vs.

1. The Secretary Ministry of Finance Banking Division Jeevan Deep Building, Sansad Mard Connaught Circus New Delhi 110 001.

2. The Regional Director Reserve Bank of India Fort Glacis, No.16, Rajaji Salai Chennai 600 0001.

3. The Chairman cum Managing Director Indian Bank Head Office No.254-260, Avai Shanmugam Salai Royapettah, Chennai 600 014.

4. The Authorised Officer cum Branch Manager Indian Bank, Salem Main Branch No.101-A, Arunachalam Street Salem 636 001.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the fourth respondent herein to hand over the possession of the auction purchased property to the petitioners as per the sale deed in Doc.No.99 of 2016 dated 14.01.2016 on the file of the SRO, Sangagiri, duly executed by the Authorised Officer/fourth respondent in favour of the petitioners. For the Petitioners : Mr.K.Justin Selvakumar For the Respondents : Ms.A.Anuradha Central Govt. Standing Counsel for Respondent-1 Mr.Jayesh B.Dolia Senior Counsel For Mr.Kalyanaraman For M/s. Aiyar & Dolia for Respondent-4 No appearance - for Respondents 2 & 3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.Justin K.Selvakumar, learned counsel for the petitioners, Ms.A.Anuradha, learned Central Government Standing Counsel for the first respondent and Mr.Jayesh B.Dolia, learned Senior Counsel for Mr.Kalyanaraman learned counsel for the second respondent.

2. Learned Senior Counsel for the respondent bank submits that the bank has filed an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 11.08.2023 so as to hand over possession to the petitioner.

3. In the light of the fact that application has already been filed under Section 14 of the Act, the bank shall prosecute the application diligently and expeditiously.

4. With the above observation, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.1919 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 14.08.2023 Index :

Yes/No :

Yes/No kpl

To

1. The Secretary Ministry of Finance Banking Division Jeevan Deep Building, Sansad Mard Connaught Circus New Delhi 110 001.

2. The Regional Director Reserve Bank of India Fort Glacis No.16, Rajaji Salai Chennai 600 0001.

3. The Chairman cum Managing Director Indian Bank Head Office No.254-260, Avai Shanmugam Salai Royapettah Chennai 600 014.

4. The Authorised Officer cum Branch Manager Indian Bank, Salem Main Branch No.101-A, Arunachalam Street Salem 636 001.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 14.08.2023