Karunakaran.P v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2022

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P(MD)Nos.1414 and 1415 of 2022 P.Karunakaran (Sole Proprietor of M/s.Apsara Doors and Framers), Son of Periyasamy, Door Nos.8,9 and 10(Ground Floor), Rohini Regent Apartment, Ramachandrapuram, Tennur, Trichy - 620 017.

:Petitioner .vs.

1.The Authorized Officer, Bank of Baroda, Thillai Nagar Branch, C-56, Fourth Cross, Thillai Nagar, Trichy - 620 018.

2.The Chief Manager, Bank of Baroda, Thillai Nagar Branch, C-56, Fourth Cross, Thillai Nagar, Trichy - 620 018.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned e-auction notice, dated 11.01.2022 issued by the first respondent/Bank which is published in Indian Express English News Daily on 12.01.2022 and to quash the same.

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.Vijayaraghavan

O R D E R

(Order of the Court was made by PUSHPA SATHYNARAYANA,J) This Writ Petition is directed against the sale notice, wherein, the sale is fixed for today between 2.00 p.m. and 6.00 p.m.

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2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The total outstanding payable by the Petitioner as on 10.01.2022 is Rs.7,27,04,200/- 4.The learned counsel for the Petitioner offered to deposit a sum of Rs.5 lakhs within three days and the balance amount on or before 31.03.2022 in full discharge of the liability. 5.The learned counsel appearing for the respondents/Bank has also agreed for the same.

6.So in view of the above, the Petitioner is directed to deposit a sum of Rs.5 lakhs on or before 10.00 a.m on 3.2.2022 and the balance to be paid on or before 31.03.2022, failing which, the respondents/Bank is at liberty to initiate separate proceedings against the Petitioner, in the manner known to law. 7.In the light of the above, the sale scheduled for today may go on, but the confirmation of the sale will be done subject to the outcome of the payment made by the Petitioner, as indicated above.

8.With the above directions,the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2022 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Authorized Officer, Bank of Baroda, Thillai Nagar Branch, C-56, Fourth Cross, Thillai Nagar, Trichy - 620 018.

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2.The Chief Manager, Bank of Baroda, Thillai Nagar Branch, C-56, Fourth Cross, Thillai Nagar, Trichy - 620 018.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-3070[F] dated 31/01/2022 ) ORDER MADE IN and W.M.P(MD)Nos.1414 and 1415 of 2022 31.01.2022 RS (02.02.2022) 3P-4C 3/3