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Madras High CourtCRP(MD)/720/2019closed

R.Kulandaisamy, v. The Collector,

2019-06-27Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.R.P.(MD)(PD)No.720 of 2019 and CMP(MD)Nos.4195 and 4196 of 2019 R.Kulandaisamy : Petitioner/Appellant/Petitioner Vs.

1.The Collector, Thanjavur District, Thanjavur.

2.The Authorized Officer, Indian Overseas Bank, Nilagirivattam Branch, 37, Easwari Nagar, Medical College Road, Nilagirivattam, Thanjavur - 613 004.

3.P.Govindasamy (R-3 is impleaded as per order dated 30.04.2019 in CMP(MD)No.4563/19 in C.R.P.(MD)No.720/2019) : Respondents/Respondents/Respondents PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, as against the order dated 06.03.2019 made in I.A.No.227 of 2019 in S.A.No.56 of 2019 on the file of the learned Debt Recovery Tribunal-I, Chennai, in so far as the 2nd Respondent bank may confirm the sale alleged to be held on 07.03.2019. For Petitioner : Mr.G.Germaiah For R-1 : Mr.N.Shanmugaselvam Additional Government Pleader For R-2 : Mr.N.Dilipkumar

O R D E R

************ [Order of the Court was made by K.RAVICHANDRABAABU, J.] This Civil Revision Petition is filed challenging the conditional order of stay granted on 06.03.2019 by Debt Recovery Tribunal-I, Chennai in I.A.No.227 of 2019 in S.A.No.56 of 2019. 2.This Court while entertaining the Civil Revision Petition on 27.04.2019, passed an interim order, wherein the petitioner was directed to give a fresh proposal for One Time Settlement to the respondent bank and on receipt of such fresh proposal, the respondent bank was also directed to decide the same. Thereafter, the matter is listed today for further hearing. 3.

The learned counsel for the petitioner submitted that in pursuant to the said order, the petitioner made proposal for One Time Settlement and the respondent bank accepting such proposal, had issued sanction order of One Time Settlement, dated 15.06.2019. Accordingly, the petitioner paid a sum of Rs.150.25 lakhs and the bank has also given a No Due Certificate, dated 26.06.2019. 4.The above contention of the learned counsel for the petitioner is not disputed by the learned counsel appearing for the respondent bank. Therefore, both the counsels submitted that the Civil Revision Petition may be disposed of in view of the settlement arrived at between the parties as stated supra. 5.Recording the above said facts and circumstances, this Civil Revision Petition is closed as no further order is necessary. No costs.

Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AS) / True Copy / Sub Assistant Registrar(CS-II) rj2 To 1.The Collector, Thanjavur District, Thanjavur.

2.The Authorized Officer, Indian Overseas Bank, Nilagirivattam Branch, 37, Easwari Nagar, Medical College Road, Nilagirivattam, Thanjavur - 613 004.

Copy To:

The Judge, Debt Recovery Tribunal-I, Chennai, +1 CC to M/s.G.JEREMIAH, Advocate ( SR-71795[F] dated 27/06/2019 ) +1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-72225[F] dated 28/06/2019 ) C.R.P.(MD)(PD)No.720 of 2019 27.06.2019 ES/28.06.2019/3P/6C