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Madras High CourtWP/5541/2022disposed of

A.V.Mohammed Ismail v. The Authorised Officer /

2023-08-10Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU A.V.Mohammed Ismail .. Petitioner Vs The Authorised Officer/ Chief Manager, Union Bank of India (Erstwhile Andhra Bank), Regional Office, No.1087D, Third Floor, Krishna Towers, Avinashi Road, Coimbatore - 641 037.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent to consider petitioner's representation dated 23.09.2021 for issuance of original sale certificate, get the property registered with the registering authority and initiate action for taking physical possession of the property bearing S.F.No.351 Muthalipalayam Village, Housing Unit Plot Nos.3967 and 3968 purchased in the public auction held by the respondent (Erstwhile Andhra Bank).

For the Petitioner : Mr.R.Prabakar For the Respondent : Ms.Jyotsna Sivakumar

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.R.Prabakar, learned counsel for the petitioner and Ms.Jyotsna Sivakumar, learned counsel for the respondent.

2. The petitioner is an auction purchaser.

3. Learned counsel for the petitioner submits that the sale certificate is not yet issued nor registered, though the auction was confirmed in favour of the petitioner in the year 2019. Further, no steps are taken for delivering actual physical possession.

4. Learned counsel for the respondent/bank submits that the sale certificate would be issued to the petitioner and steps would be

taken to register the same. The bank would also file an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement Act, 2002 within two weeks. In view of the said statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 10.08.2023 Index :

Yes/No Yes/No sasi To:

The Authorised Officer/Chief Manager, Union Bank of India (Erstwhile Andhra Bank), Regional Office, No.1087D, Third Floor, Krishna Towers, Avinashi Road, Coimbatore-641 037.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi) 10.08.2023