Madras High CourtWP/28864/2024disposed of

Mr.G.Immanuel Jayakumar v. The Authorised Officer Cum

2024-10-03Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP No.31476 of 2024 G.Immanuel Jayakumar : Petitioner versus The Authorised Officer cum Chief Manager, Indian Overseas Bank, Gandhipuram Branch, Regional Office Area Premises, 953, Cross Cut Road, Coimbatore 641 012 : Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondent from taking any coercive steps to dispossess the petitioner from the mortgaged properties/ secured assets of the petitioner till the pending disposal of the appeal preferred before the Debt Recovery Appellate Tribunal, Chennai in MA (SA) No.16 of 2024.

For Petitioner :

Mr.M.Venkadesh Kumar For Respondent :

Mr.F.B.Benjamin George

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for petitioner states that petitioner has filed an appeal before the Debt Recovery Appellate Tribunal along with a stay application. Learned counsel states that condition for filing appeal has been complied with.

2. Mr.F.B.Benjamin George, learned counsel appearing for respondent, also agrees to the said compliance.

3. Learned counsel for petitioner states that the next date given for hearing of the stay application is 04.11.2024. Learned counsel further states that within thirty days from today, petitioner would pay the entire outstanding as per sale notice dated 26.10.2020, less the amount already deposited before the Debts Recovery Tribunal and Debt Recovery Appellate Tribunal.

4. The said statement is accepted as an undertaking before this Court. The amount can be paid in a maximum of three installments.

5. In view of the statement made, no coercive steps shall be taken by respondent until 04.11.2024. If the amount is not paid, the stay application filed before the Debt Recovery Appellate Tribunal shall stand dismissed on 04.11.2024.

6. The petition stands disposed of. There will be no order as to costs. Consequently, the interim application also stands disposed of. (K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 03.10.2024 Index : Yes/No : Yes/No tar To The Authorised Officer cum Chief Manager, Indian Overseas Bank, Gandhipuram Branch, Regional Office Area Premises, 953, Cross Cut Road, Coimbatore 641 012

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

(tar) 03.10.2024