M/S.Golden Marine Harvest v. The Chief Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. M/s.Golden Marine Harvest Rep By Its Authorised Signatory Saravanan Babu, Chettikuppam, Marakkanam, Villupuram District, Tamil Nadu- 604 303.

Petitioner(s) Vs

1. The Chief Manager Indian Overseas Bank, Asset Recovery Management Branch, 3rd Floor, Annex Building, Central Office, No.763,Anna Salai, Chennai- 600 002.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the respondent to consider petitioner representation dated 20.06.2025 and consequently direct the respondent Bank to handover the parent deeds/ original title deeds documents and other connected documents pertaining to the immovable properties situated at Achikadu village, Marakkanam,

Tindivanam Taluk, Villupuram District comprised in survey Nos.80/3B to an extent of 2 Acres, survey Nos.82/1 to an extent of 6 Acres 30 cents, Survey No.79/1 to an extent of 47 cents, survey No.81/3A and 81/3B to an extent of 55 cents totally 9 Acres and 32 cents, within the time frame fixed by this Court. For Petitioner(s): Mr.P.Elaya Rajkumar for Mr.R.Manibarathi For Respondent(s):

M/s.V.Kadhirvelu, Standing counsel

ORDER

This writ petition has been filed for the issue of writ of mandamus directing the respondent bank to hand over the original title deeds to the petitioner, who is the auction purchaser. 2.

The case of the petitioner is that they participated in the e-auction conducted by the respondent and they were the highest bidder. The sale certificate was executed in favour of the petitioner on 30.04.2025. The grievance of the petitioner is that the original title documents were not handed over to the petitioner, inspite of repeated representations made by the petitioner. It is under these circumstances, the present writ petition has been filed before this Court.

3.

The respondent bank has filed a counter affidavit. On going through the same, it is seen that there is no dispute with regard to the fact that the petitioner was the successful bidder and the sale certificate has been executed in favour of the petitioner and it has also been registered as document No.2912 of 2025. However, it seems that the proceedings were originally pending before the Debt Recovery Tribunal (DRT) II in OA No.279 of 2014. Thereafter, it was transferred to DRT III. The original documents form part of the proceedings which were pending before the DRT II. The entire documents have not been transmitted from DRT II to DRT III. The application has been submitted by the respondent bank in this regard and inspite of the same, the entire documents have not been transmitted by DRT II to DRT III. Hence, the respondent bank is not in a position to hand over the original title deeds to the petitioner. 4.

In the light of the stand taken by both the parties and considering the counter affidavit filed by the respondent bank, there shall be a direction to the DRT II and DRT III, Chennai to ensure that the original documents are handed over to the respondent bank within a period of two weeks from the date of receipt of a copy of this

order. The respondent bank on receipt of the original title documents, shall in turn hand over the same to the petitioner immediately. 5.

This writ petition is disposed of with the above directions. The Registry is directed to mark a copy of this order to the DRT II and DRT III. No costs.

22-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chief Manager Indian Overseas Bank, Asset Recovery Management Branch, 3rd Floor, Annex Building, Central Office, No.763,Anna Salai, Chennai- 600 002.

N.ANAND VENKATESH J.

rka 22-08-2025