M.C.Govindan v. The Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2017 CORAM :
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 37160 of 2003 and WMP No. 45088 of 2003 M.C. Govindan ..Petitioner Vs.
1.The Registrar of Co-operative Societies, Kilpauk, Chennai - 10.
2 The Special Officer, Tamil Nadu Industrial Co-operative Bank Ltd., C.M.D.A. Building, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3 The Branch Manager, Tamil Nadu Industrial Co-operative Bank Ltd., 60-B, Arcot Road, Vellore.
..Respondents PRAYER:
This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the 2nd respondent pertaining to the auction notice published in the 'Dhina Thanthi' dated 30.11.2003, in so far as Serial No.11 is concerned and quash the same. For Petitioner : Mr. G.Jeremiah For Respondents : Ms.T. Girija Government Advocate for R1 Mr. Vijaya Kumar for R2 & R3
O R D E R
The petitioner has filed this writ petition seeking to quash the auction notice issued by the 2nd respondent, published in the 'Dhina Thanthi' dated 30.11.2003, in so far as Serial No.11 is concerned.
2. Brief facts of the case is as follows :- The petitioner borrowed a loan of Rs.85,000/- from the 3rd respondent Bank, for purchase of a Xerox Machine. The petitioner executed a mortgage deed on his residential house, as a surety to obtain the loan. The said xerox machine was purchased through respondents 2 and 3 but soon the xerox machine became non-functional. Since the petitioner was unable to get any further financial assistance, he was compelled to wind up his business, at a considerable loss. Whileso, the petitioner received a copy of an auction notice, published in Dhina Thanthi dated 30.11.2003, directing the petitioner to repay the entire loan outstanding amount of Rs.1,19,973/- and in the event of non-payment, the house would be sold by public auction.
3. The learned counsel for the petitioner submitted that Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, provides for Arbitration and only after an award is passed, the auction notice on the property mortgaged can be issued. Therefore, challenging the auction sale notice, the petitioner has filed this Writ Petition.
4. The learned counsel for the 2nd respondent would submit that this writ petition is not maintainable, in the light of the decision rendered by the large Bench judgment of this Hon'ble Court in the case of K.Marappan v. Deputy Registrar of Cooperative Societies, (2006) 4 MLJ 641 and hence is liable to be dismissed.
5. Considered the rival submissions of the learned counsel for both the parties and perused the material available on record.
6. At the time of admission, interim order was granted by this Court, on condition that the petitioner deposits 50% of the amount as demanded, within a period of eight weeks from the date of receipt of a copy thereof. Further, the impugned sale notice is issued in the year 2003.
7. In view of the above and in the light of the decision rendered by the large Bench judgment of this Hon'ble Court in the case of K.Marappan, the writ petition is liable to be dismissed.
8. Therefore, the Writ Petition is dismissed, with liberty to proceed further, in accordance with law. Consequently, the connected M.P is closed. No costs. Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar
To 1.The Registrar of Co-operative Societies, Kilpauk, Chennai - 10.
2 The Special Officer, Tamil Nadu Industrial Co-operative Bank Ltd., C.M.D.A. Building, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.The Branch Manager, Tamil Nadu Industrial Co-operative Bank Ltd., 60-B, Arcot Road, Vellore.
+1cc to Mr.G.Jerimiah,Advocate sr.48496 +1cc to Government Pleader sr.48419 W.P. No. 37160 of 2003 and WMP No. 45088 of 2003 sks(co) ss(12/9/2017)