Sangari v. Jana Small Finance Bank Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).Nos.5182, 5184 and 5187 of 2025 Sangari ... Petitioner Vs.

1.Jana Small Finance Bank Limited, The Fairway Business Part, No.10/1, 11/2, 12/2B, Off Domlur, Koramangala Inner Ring Road, Next to EGL, Challaghatta, Bengalaru - 560 071, Represented by its Managing Director.

2.Jana Small Finance Bank Limited, Branch Office, No.10, Krishnapuram Colony Main Road, Mahathma Gandhi Nagar, Madurai 625 014, Represented by its Branch Manager.

3.Pegasus Assets Reconstruction Private Ltd., Having Registered Office at 507, Dalamal House, Nariman Point, Mumbai - 400 021, Represented by its Authorized Officer, Vivek Aryakat.

4.D.Paulpandi ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the records of the 2nd respondent pertaining to the sale certificate dated 29.10.2024 registered as document No.5207 of 2024 on the file of the Sub-Registrar of Vilangudi Madurai, executed by the 3rd respondent as assignee of and on behalf of respondents 1 and 2 in favour of the 4th respondent, quash the same, directing the respondents to deliver to the petitioner her property to an extent of 1067 square feet, that is 2 cents and 196 square feet, of land and house constructed on it, with all its amenities, in T.S.No.1766, Kulamangalam Road, Eastern Zone and in Madurai Survey Ward 10, Corporation Ward No.6, Block No.148, in T.S.No.

107, Madurai Corporation, as per Madurai Corporation Town Survey Register, on receipt of the sale consideration of Rs.28,15,000/- (Rupees Twenty Eight Lakh and Fifteen Thousand only) for the said sale certificate minus the total money paid by her towards repayment of her loan and interest on the balance loan amount due from her to respondents 1 and 2. For Petitioner : Mr.K.N.Thampi For R-1 & R-2 : Mr.S.Babu For R-3 : Mr.V.Veerapandian for M/s.Vast Law Associates For R-4 : Mr.S.

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The sale certificate issued on 29.10.2024 registered as Document No.5207/2024 is sought to be assailed in the present Writ proceedings.

2. Admittedly, the petitioner borrowed loan from the first respondent Bank and committed default. Action was initiated under the SARFAESI Act. E-auction sale was conducted and the sale certificate was issued in favour of the successful bidder by the Bank. Therefore, if the petitioner has any grievance, she has to approach the Debts Recovery Tribunal under the provisions of the SARFAESI Act and Rules in force. In the event of any such approach, the Tribunal shall condone the delay of the period during which the Writ Petition is pending before this Court.

3. With the above observations, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (A.D.M.C.,J.) 06.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

S.M.SUBRAMANIAM,J.

and DR.A.D.MARIA CLETE,J.

Lm 06.06.2025