Vinodha Vidya Babu, v. The Authorised Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2019
CORAM:
THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.32819 of 2019 Vinodha Vidya Babu ... Petitioner vs.
The Authorised Officer, United Bank of India, SAMB Bangalore, No.40, 1st Floor, Geetha Mansion, Bangalore - 560 009.
... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Mandamus, directing the Respondent Bank to consider the Representation Letter dated 15.11.2019 submitted by the Petitioner to the Respondent Bank. For Petitioner :
Mr.Anil Relwani
O R D E R
(Order of the Court made by M.M.SUNDRESH,J.) The Petitioner, who is a borrower, made a representation to the Respondent, pursuant to the Sale Notice dated 07.11.2019. The said representation was given on 15.11.2019, stating that she found a buyer, who is ready to purchase the property in question. Pending consideration of the said representation, the present Writ Petition has been filed.
2.
We are not inclined to direct the Respondent to consider the above said representation, positively. Admittedly, the Sale Notice has been issued. However, it is for the Respondent to consider the Petitioner's representation. Therefore, we only call upon the Respondent to take a decision in this regard, without issuing a direction to the effect that the authority is duty bound to consider the same. Page No.1 of 2 https://hcservices.ecourts.gov.in/hcservices/
3.
In the event of sale not taking place as proposed, and in the further event of upset price being reduced, it is well open to the Respondent to consider the request of the Petitioner, even at that stage.
The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar (aeb) To:
The Authorised Officer, United Bank of India, SAMB Bangalore, No.40, 1st Floor, Geetha Mansion, Bangalore - 560 009.
Order in W.P.No.32819 of 2019 nmi(co) nr 08/01/2020 Page No.2 of 2 https://hcservices.ecourts.gov.in/hcservices/