A.C.Giridhar v. State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY & C.M.P.No.11982 of 2020 A.C.Giridhar ..

Petitioner in both CRPs.

Vs.

State Bank of India RASMECCC Cum SARC No.97, 7th East Main Road Gandhi Nagar Respondent in Vellore 632 006.

..

both CRPs.

Prayer : Petitions filed under Article 227 of the Constitution of India to set aside the common order dated 25.10.2017 made in I.A.SR.Nos.8439 & 8440 of 2017 in D.R.C.No.24 of 2009 on the file of Recovery Officer, Debts Recovery Tribunal III, Chennai.

For Petitioner :

Mr.V.R.Kamalanathan For Respondent :

Ms.S.R.Sumathy COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) Counsel for petitioner states that his instructions are when the outstanding was only about a little lower than Rs.30.00 lakh, property has been sold for an amount in excess of Rs.2.00 crore.

2. Counsel for respondent states that the sale fetched Rs.2.28 crore. Ms.Sumathy states that statement of account giving details of the amount recovered, amount that was payable by the borrower and how the amount was adjusted will be made available to petitioner within one week from today. Ms.Sumathy states that surplus amount was placed in a fixed deposit by the Recovery Officer way back in November 2017. Counsel says that the amount can be paid over to petitioner subject to petitioner satisfying that petitioner is the sole legal heir of the original borrower. Or else the amount

will be paid over to all the legal heirs.

3. In view of the above, petitions are disposed of. There shall be no order as to costs. Consequently, interim application stands closed. (K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 23.10.2024 Index :

Yes/No :

Yes/No kpl To The Registrar Debts Recovery Tribunal III Chennai.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(kpl) 23.10.2024