K.Dhinesh Kanna v. The Authozed Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.2694 and 2695 of 2024 K.Dhinesh Kanna ... Petitioner -vs1.The Authorized Officer, State Bank of India, RACPC, Administrative Unit, 1st Floor, State Bank Road, Tiruchirapalli - 620 001.

2.The Branch Manager, State Bank of India, Somarasampettai Branch, Trichy.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the e-auction sale notice dated 10.01.2024 with regard to item No.1, issued by the 1st Respondent and quash the same as arbitrary and illegal and in consequence

thereof direct the respondents to accept the loan amount due to the bank in installments from the petitioner.

For Petitioner :

Mr.B.Sekar For Respondents :

Mr.N.Dilipkumar Standing Counsel

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed challenging the e-auction sale notice dated 10.01.2024, with regard to item No.1, issued by the 1st Respondent and in consequence thereof to direct the respondents to accept the loan amount due to the bank in instalments from the petitioner.

2. According to the petitioner, the petitioner has approached the respondent bank officials for settling the entire outstanding under One Time Settlement, however, there is no response. Hence, the petitioner has approached this Court with this Writ Petition.

3. Learned Standing Counsel for the respondents stated that since there was no bidder, the bank has not proceeded with the e-auction sale notice.

4. In such circumstances, considering the submission made on behalf of the petitioner that the petitioner is ready to settle the amount under One Time Settlement, this Writ Petition is disposed of with the following directions:- (i) The petitioner is directed to submit a representation for One Time Settlement to the respondent bank within two weeks from the date of receipt of a copy of this order.

(ii) If any such representation is made, the respondents shall consider the same within a period of four week thereafter. (iii) If the petitioner fails to approach the respondent bank within the said period, it is open to the respondent bank to proceed further in accordance with law.

No costs. Consequently, connected Writ Miscellaneous Petitions are closed.

[D.K.K., J.] [R.V., J.] 08.02.2024 Index : Yes / No Internet : Yes / No SJ

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 08.02.2024