Syed Abuthahir v. The Authorized Officer And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2021 CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.22108 of 2019 and W.M.P.No.21370 of 2019 1.Syed Abuthahir 2.Jaibunnisa 3.Jasmine Fathima 4.Kadhar Beevi .. Petitioners -vs1. The Authorised Officer and Asst General Manager, No.42, Gee Gee Complex, Chennai - 600 002.
2. The Branch Manager, No.42, Gee Gee Complex, Chennai - 600 002.
3. The Deputy General Manager, Indian Bank, Zonal Office, Rajaji Salai, 5th Floor, Chennai - 600 001.
4. The General Manager, Indian Bank, Zonal Office, Rajaji Salai, 5th Floor, Chennai - 600 001.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to deliver possession and handover the title deeds and all other documents of the auctioned property situated in S.F.No.147/4 in patta 2202 in Plot No.73 bearing Door at Flat No.G3-Ground Floor, Bhavesh Enclave, 1st Street, Agatheeswar Nagar, Pohichalur, Chennai - 600 074 measuring an undivided share of 412 sq.ft with super built up area 725 sq.ft in Tambaram Taluk-SRO of Chennai District to the petitioners.
For Petitioners : Mr.S.Mukunth for M/s.Sarvabhauman Associates For Respondents : Mrs.S.R.Sumathy
ORDER
(Made by The Hon'ble Chief Justice) The matter pertains to a claim by the auction-purchaser seeking documents of title from the secured creditor upon the conclusion of a sale conducted under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2. The bank is represented and says that the relevant documents pertaining to Plot No.73, Flat No.G3-Ground Floor, Bhavesh Enclave, 1st Street, Agatheeswar Nagar, Pohichalur, Chennai-600074 measuring an undivided share of 412 sq.ft with super built-up area of 725 sq.ft in Tambaram Taluk-SRO of Chennai District, will be made over to the auction-purchaserpetitioner within four weeks from date.
3. In view of such submission, W.P.No.22108 of 2019 is disposed of by directing the bank to make over the relevant documents within the time promised. It is also recorded that the bank has said that Section 14 of the Act has been invoked to ensure that the possession of the property be expeditiously made over to the auction-purchaser.
There will be no order as to costs. Consequently, W.M.P.No.21370 of 2019 stands closed.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar sra To
1. The Authorised Officer and Asst General Manager, No.42, Gee Gee Complex, Chennai - 600 002.
2. The Branch Manager, No.42, Gee Gee Complex, Chennai - 600 002.
3. The Deputy General Manager, Indian Bank, Zonal Office, Rajaji Salai, 5th Floor, Chennai - 600 001.
4. The General Manager, Indian Bank, Zonal Office, Rajaji Salai, 5th Floor, Chennai - 600 001.
+1cc to M/s.Sarvabhauman Associates, SR.10228 W.P.No.22108 of 2019 PA(CO) CB(05/03/2021)