Madras High CourtWP/29004/2022disposed of

Geetha Krishnamoorthy v. The City Union Bank

2023-09-20Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Geetha Krishnamoorthy ... Petitioner -vs1. The City Union Bank, Credit Recovery and Management Department, Administrative Office, No.24-B, Gandhi Nagar, Kumbakonam 612 001.

2. Selvi

3. Kavitha

4. Vasanthi

5. Nithya

6. Suganya

7. Pradeep ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to issue a sale certificate as required under Rule 9(6) of The Security Interest (Enforcement) Rules, 2002 in respect of the sale knocked down in favour of the petitioner vide letter dated 04.04.2022 issued by the 1st respondent.

For the Petitioner :

Ms.Gopika Nambiar for Mr.Sharath Chandran

For the Respondents :

Mr.A.Karthikeyan for R-1 :

Mr.K.Murali for RR 2 and 3 :

No appearance for RR 4 to 7 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.Gopika Nambiar, learned counsel for the petitioner, Mr.A.Karthikeyan, learned counsel for the first respondent and Mr.K.Murali, learned counsel for respondents 2 and 3.

2. The relief claimed is against the first respondent to issue sale certificate as required under Rule 9(6) of the Security Interest (Enforcement) Rules, 2002.

3. The learned counsel for the first respondent submits that on the last date, the bank had requested the petitioner to receive the sale certificate. However, the petitioner did not receive the same. The photo copy of the sale certificate is placed on record.

4. The petitioner shall receive the sale certificate issued by the bank under Rule 9(6) of the Security Interest (Enforcement) Rules, 2002. To receive the same, the petitioner shall approach the branch office of the first respondent bank at No.9/4, S.K.Road, Krishnapuram, Ambur, Vellore 635 802, on 25.09.2023 at 11.00 a.m. The bank shall hand over the sale certificate as required to the petitioner. The learned counsel for the bank submits that the bank would also expeditiously take steps for handing over possession of the secured assets sold in auction to the petitioner. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 20.09.2023 Index : Yes/No : Yes/No sra

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

(sra) 20.09.2023