P.Prakasam v. The Manager (Npa)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR Mr.P.Prakasam ..
Petitioner v.
1. The Manager (NPA) State Bank of India RACPC Branch MRC Nagar, Chennai 600 004
2. The Authorised Officer State Bank of India CRAMC, LHO 3rd Floor, No.16, College Lane Nungambakkam, Chennai 600 006 ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2nd respondent to arrange for the registration of the Sale Certificate, dated 08.05.2023 and subsequently hand over the vacant/physical possession of the e-auctioned property situated in Flat No.3206, Block No.3, 2nd Floor, Appasamy's Trellis North, Door No.184, 188, 190, 192 and 196/1, NSK Salai, Arcot Road, Vadapalani, Chennai 600 026, along with all the original title documents in a time bound manner.
For Petitioner ::
Mr.Harhit S.Jain For Respondents ::
Mr.C.S.Sashikumar for Mr.M.L.Ganesh
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed by the auction purchaser seeking for issuance of a mandamus directing the second respondent to arrange for the registration of the sale certificate dated 08.05.2023 and subsequently hand over the vacant/physical possession of the e-auctioned property situated in Flat No.3206, Block No.3, 2nd Floor, Appasamy's Trellis North, Door No.184, 188, 190, 192 and 196/1, NSK Salai, Arcot Road, Vadapalani, Chennai 600 026, along with all the original title documents in a time bound manner.
2. At the outset, this Court finds the callous indifference shown by the respondent Bank in this matter. Despite the fact that the auction was completed in April, 2023, the auction purchaser is not in a position to get possession of the property or the sale certificate registered. The conduct and
attitude of the respondent bank in matters like this should be always to ensure that the auction purchaser gets his title deed and possession of the property, as otherwise no prospective buyer would offer anywhere near market value. Over a period of years, the conduct and attitude of banks towards borrowers and auction purchasers indicate that they owe no responsibility or accountable and that for extraneous reasons, they try to convey a message that things will not move as anyone expect in the normal course. If this is the attitude of the respondent bank towards auction purchaser, the economy of country and business prospects of industries will be at stake. The respondent bank admits that the borrower's SARFAESI application was also dismissed long back and there were no further proceedings thereafter.
In such circumstances, the respondent bank is directed to arrange for registration of sale certificate within a period of one week and to ensure possession being handed over to the petitioner, pursuant to the order of the Chief Metropolitan Magistrate, within a period of one month from the date of receipt of a copy of this order. Failure will result in imposition of heavy cost on the respondent bank.
facilitate the bank to take possession and to ensure registration of the sale certificate with the co-operation and coordination of concerned.
3. It is now brought to our notice that the respondents are holding the title deeds of the property. The learned counsel appearing for the respondent bank has only lame excuses by saying that the documents are available before the Debts Recovery Tribunal. Since there is no proceeding pending either before the Debts Recovery Tribunal or Debts Recovery Appellate Tribunal, this Court finds that there is no impediment for the respondent bank to get back the title documents from the Tribunal and handover the same to the petitioner/auction purchaser expeditiously. The writ petition stands disposed of accordingly. No costs. Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 31.07.2024 ss To
1. The Manager (NPA) State Bank of India RACPC Branch MRC Nagar, Chennai 600 004
2. The Authorised Officer State Bank of India CRAMC, LHO 3rd Floor, No.16, College Lane Nungambakkam, Chennai 600 006
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 31.07.2024