N.Sendamaraai v. The Chief Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2025 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY N.Sendamarai ..
Petitioner Vs.
1. The Chief Manager/Authorised Officer State Bank of India Stressed Assessment Management Branch 1112, Raja Plaza Road Coimbatore 641 037.
2. The Deputy General Manager State Bank of India Stressed Assessment Management Branch 1112, Raja Plaza Road Coimbatore 641 037.
3. The District Collector Coimbatore District, Coimbatore.
4. The Tahsildar Sulur Taluk, Sulur, Coimbatore District.
..
Respondents [R3 & R4 impleaded vide order dated 03.12.2019 in WMP No.34076/19] Prayer : Petition filed under Article 226 of the Constitution of India seeking of a writ of Mandamus directing the respondents to hand over the original parent documents and compensate the loss of the land measuring 1.00 acre or order refund of Rs.1,87,84,530/- with interest at the rate of 18% from the date of payment till realisation from the amount paid less the value for the extent sold in the eAuction sale conducted on 10.10.2017, 25.11.2017, 06.04.2018 and 29.08.2018.
For Petitioner :
Ms.M.Adhisree For Mr.N.Manokaran For Respondents :
Mr.Omprakash Senior Counsel For Mr.K.Chandrasekaran for R1 & R2 Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.Habeeb Rahman Government Advocate for R3 & R4
Mr.G.Govarthanan Advocate Commissioner
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Further to the order dated 27.01.2025, petitioner and respondents 1 and 2 have filed a joint memo dated 28.01.2025 agreeing to refer the disputes regarding refund of proportionate sale price for the alleged short fall of land measuring 1 acre through arbitration. In the joint memo, the parties have requested that Mr.Justice N.Kirubakaran (Retd.), Former Judge of Madras High Court, be appointed as the sole Arbitrator.
2. Copy of the joint memo, for ease of reference, is scanned and reproduced below:
3. Accordingly, Mr.Justice N.Kirubakaran (Retd.) is appointed as sole Arbitrator to arbitrate on the issue of refund of proportionate sale price for the alleged short fall in the land measuring 1 acre.
4. The fees and administrative expenses together with typing charges, if any, shall be shared equally between the parties and will be subject to costs in the arbitral proceedings.
5. The writ petition is disposed of. All rights and contentions are kept open. There shall be no order as to costs.
6. At this stage, Advocate Commissioner Mr.G.Govarthanan states that he has filed a memo dated 17.10.2023 and copy has been provided to petitioner and respondents. He further states that for the second inspection, no fees has been paid. Shri. Govarthanan states that he spent three days in Coimbatore and what should be the fees he leaves it to the Court.
7. Shri. Om Prakash states that the second inspection was made at the request of the bank. Therefore, we direct the bank to pay a sum of Rs.75,000/- (Rupees seventy five thousand only) as fees to Shri. Govarthanan. Shri. Govarthanan states he shall provide the bank details to advocate on record for the bank Shri. K.Chandrasekar. (K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 30.01.2025 Index :
Yes/No :
Yes/No kpl
To
1. The Chief Manager/Authorised Officer State Bank of India Stressed Assessment Management Branch 1112, Raja Plaza Road Coimbatore 641 037.
2. The Deputy General Manager State Bank of India Stressed Assessment Management Branch 1112, Raja Plaza Road Coimbatore 641 037.
3. The District Collector Coimbatore District, Coimbatore.
4. The Tahsildar Sulur Taluk, Sulur Coimbatore District.
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(kpl) 30.01.2025