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Madras High CourtWP/48267/2025disposed of

P.Senthilkumar v. The Authorized Officer

2025-12-17Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN P.Senthilkumar .. Petitioner -vsThe Authorized Officer, Karur Vyza Bank Limited, P.B.No.3, 45-46, Car Street, Salem Main Branch, Salem 636 001.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to forthwith handover physical possession of the property situate in Survey Nos.21/5 & 21/5, Town Survey Ward-C, Block-9, T.S.No.29/2A1 at Narayanasamy Street (then Kamarajar Street), Periyeri Village, 1st Ward, A-Division, Salem Taluk & District to an extent of 1900 sq.ft. To the petitioner pursuant to issuance of Sale Certificate dated 22.06.2023 thereon.

For Petitioner :

Mr.L.Chandrakumar * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioner's grievance is that even though the petitioner has purchased the property through auction wayback on 22.06.2023, followed by order under Section 14 of the SARFAESI Act passed by the Chief Judicial Magistrate on 04.07.2024, petitioner has remained deprived of the fruits of the auction and possession has not so far been delivered. It is submitted that even though the order under Section 14 has been challenged before the Debts Recovery Tribunal, there is no stay operating.

2. On petitioner's submitting an application before the Debts Recovery Tribunal, the Debts Recovery Tribunal shall verify the statement and if there is no interim order, it goes without saying that the possession order is required to be implemented forthwith. A copy of this order shall be submitted before the Debts Recovery Tribunal and the Chief Judicial Magistrate concerned for implementation of

possession order, subject to verification that the order is not stayed in any court proceedings.

Petition is disposed of. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 17.12.2025 Index : Yes/No : Yes/No sra To

1. The Authorized Officer, Karur Vyza Bank Limited, P.B.No.3, 45-46, Car Street, Salem Main Branch, Salem 636 001.

2. The Chief Judicial Magistrate, Salem.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

(sra) 17.12.2025