Madras High CourtWMP(MD)/7768/2018ordered

E.Muneeswaran v. The Chief Manager

2018-04-13Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Thirteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH WMP(MD) No.7768 of 2018 IN WP(MD) No.SR28898 of 2018 1 E.MUNEESWARAN 2 K.P.S.SIVAKUMAR 3 K.P.S.MUNEESWARAN 4 M.W.MUTHUMARI 5 E.MUNEESWARAN 6 K.P.S.MANOHARAN 7 P.SHARMILA ... PETITIONERS/PETITIONERS Vs THE CHIEF MANAGER UNION BANK OF INDIA, MADURAI MAIN BRANCH, TOWN HALL ROAD, MADURAI. ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioners to file a Single Writ Petition. Prayer in WP(MD) No.SR28898 of 2018 :

To issue a Writ of Certiorari calling for the records relating to the Respondent's jewel Auction Notice published in Dinamani, Daily Newspaper, Madurai Edition dated 09.04.2018 stating that the jewels relating to the Petitioners will be auctioned on 16.04.2018 at about 11.00 a.m. at Respondent Bank and quash the same. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.PT.S.NARENDRAVASAN, Advocate for the petitioner the court made the following order:- The miscellaneous petition seeking permission of this Court to file a single writ petition is ordered.

2. Registry is directed to number the writ petition and post the matter on 26.04.2018.

3. According to the learned counsel for the petitioners, the respondent - Bank may not have the jurisdiction to impose the condition in the auction notification that the excess amount, after adjusting the jewel amount, will be adjusted to the other loans. This aspect requires further deliberations.

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4. However, since the petitioners have made out a prima facie case, there shall be an order of interim stay.

5. Notice to the respondent returnable by 25.04.2018. sd/- 13/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF MANAGER UNION BANK OF INDIA, MADURAI MAIN BRANCH, TOWN HALL ROAD, MADURAI.

COPY TO THE SECTION OFFICER, WRIT AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.PT.S.NARENDRAVASAN Advocate SR.No.6163

ORDER

IN WMP(MD) No.7768 of 2018 IN WP(MD) No.SR28898 of 2018 Date :13/04/2018 MKV-CM-VR-VK/13.4.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/