Dinesh C v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.4712 of 2023 C.Dinesh ... Petitioner -vs1.The Authorized Officer Jana Small Finance Bank Ltd., Trichy Branch No.74, Lucky Lane Plaza Salai Road, Thillai Nagar Trichy-620 018 2.The Branch Manager Jana Small Finance Bank Ltd., Trichy Branch No.74, Lucky Lane Plaza Salai Road, Thillai Nagar Trichy-620 018 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records of the first

respondent's impugned e-auction sale notice 08.02.2023 and sale to be held on 10.03.2023 and quash the same without jurisdiction and consequently direct the respondents not to take coercive steps without due process of law. For Petitioner :

Mr.R.Iyappan For Respondents :

Mr.S.Babu

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Admit.

2. Mr.S.Babu, learned counsel, takes notice for the respondent - Bank.

3. The property sought to be sold is a dwelling house and the reason for the account becoming NPA is attributed to lock down due to the pandemic.

4. Considering the overall circumstances, the writ petition is disposed of with the following directions:

(i) The petitioner shall pay a sum of Rs.4,00,000/- (Rupees four lakhs only) on or before 30.03.2023. (ii) The petitioner will pay the balance amount in five equated monthly installments commencing from April, 2023. The monthly instalments shall be paid on or before 20th of every succeeding month.

(iii) The interest payable for the interregnum period shall be paid along with the last installment.

(iv) The respondent - Bank can proceed with the sale, if there is a default in payment of two consecutive monthly installments.

No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 09.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.4712 of 2023 09.03.2023