Madras High CourtWP(MD)/6431/2008disposed of

Raveendran, v. The Recovery Officer,

2023-11-21Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Raveendran ... Petitioner Vs.

1.The Recovery Officer, Debts Recovery Tribunal, 4/162, Kalyani Towers, Melur Road, Uthankudi, Madurai - 625 107.

2.The Branch Manager, Tamilnadu Mercantile Bank Ltd., Marthandam Branch, Marthandam, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari Mandamus, calling for the records pertaining to the orders of Forfeiture made by the first respondent in R.P.No. 158 of 2007 dated 05.11.2007 and quash the same and consequently, direct the first respondent to return the Earnest Money Deposit of Rs. 71,000/- with interest at 12 per cent per annum from the date of forfeiture till date of realisation. 1/4

For Petitioner : Mr.R.Hariharaselvan for M/s.M.J.Shabu Jose For Respondents : Mr.V.Karthikeyan for R2

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of the first respondent in R.P.No. 158 of 2007, dated 05.11.2007, is under challenge in the present writ proceedings.

2. Learned counsel for the petitioner made a submission that despite the efforts taken by him, he is not in a position to secure instructions to get alone with the case. Learned counsel for the petitioner reported 'no instruction'.

3. However, we found that the petitioner participated in the public auction held on 02.11.2008 and the EMD deposited by him is yet to be returned by the first respondent. The first respondent is not entitled to possess the said E.M.D. and in such an event, it will result in unjust enrichment. Therefore, the first respondent is directed to refund the Earnest Money Deposit recovered from the petitioner within a period of eight weeks from the date of receipt of a copy of this order, if not already returned.

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4. With these directions, the Writ Petition stands disposed of. No costs. (S.M.S., J.) & (V.L.N., J.) 21.11.2023 NCC : Yes / No Index : Yes / No SJ 3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ 21.11.2023 4/4