M/S.Andiappa Udaiyar Trust v. Housing And Urban Development
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20/10/2016 C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice N.Authinathan Writ Petition No.26487 of 2016
1. M/s. Andiappa Udaiyar Trust rep. By its Managing Trustee A. Mohan No.5, 3rd Floor, Parsan Commercial Complex 600 Mount Road Chennai 600 006.
2. Mr.A.Mohan
3. M. Rukkumani ...
Petitioners Vs Housing and Urban Development Corporation Ltd Chennai Regional Office CMDA Building Egmore Chennai 8.
...
Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of certiorari to call for the records of the order dated 31/5/2016 in O.A.No.150 of 2008, on the file of DRT - I, Chennai. For petitioners ...
Mr.S.Sethuraman For respondent ...
Mr.R.Soundararajan for Mrs.C.Shanthi Meenakshi
O R D E R
(Order of the Court was made by S.Manikumar,J) First petitioner/Managing Trustee of Andiappa Udaiyar Trust, vide letter, dated 12th August 2016, addressed to the Executive Director, Hudco Ltd., Chennai Regional Office, 5th Floor, CMDA Tower, Egmore, Chennai/respondent herein, has sought for three months time, at the maximum for full and final settlement of the loan account. Letter dated 12th August 2016,
is reproduced hereunder:- "Kindly refer to our discussion regarding the closer of the above loan account we have already paid Rs.25 lakhs on 8/8/2016 and Rs.35 lakhs today totalling to Rs.60 lakhs towards the above loan account."
Now we are requesting you to credit the above loan account for the following reasons.
We are willing to pay the above as per your interest calculation @ 10% p.a., on simple interest basis under reference No.17918-DRT OA No.150/2008 dated 21/6/2016 worked by you as per the orders of the Hon'ble DRT-1.
Further we assure you that the interim order of stay before the Hon'ble High Court will not be pressed for in the next hearing and we will be withdrawing Writ Petition WP26487 filed by us. Therefore, we request you to give us a period of three months time at the maximum for the full and final settlement of the above loan account. Kindly acknowledge the receipt of the same."
2. When the matter came up on 19/10/2016, learned counsel for the petitioners, sought for time, to verify the same.
3. On this day, Mr.S.Sethuraman, learned counsel for the petitioners submitted that recently Mr.A.Mohan, Managing Trustee of the first petitioner, suffered a heart attack and therefore, submitted that apart from the period of three months sought for, vide letter, dated 12th August 2016, time be extended by one more month from 12/11/2016.
4. Considering the reason stated, the respondent/Housing and Urban Development Corporation Limited, Chennai, is directed to give extension of one more month, from 12/11/2016.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar
Housing and Urban Development Corporation Ltd Chennai Regional Office CMDA Building Egmore Chennai 8.
+1 cc to M/S G.ShanthiMeenakshi, Advocate (SR.No.59331) +1 cc to the Government Pleader (SR.No.60012) CP/CO yj(12/11/2016) Writ Petition No.26487 of 2016