Sharmila v. The Chief Manager/Authorized Officer
W.P.(MD)No.7348 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7348 of 2020 Sharmila ... Petitioner Vs 1.The Chief Manager / Authorized Officer, UCO Bank, Asset Management Branch (2125), 2nd Floor, 328, Thambu Street, Chennai-600 001.
2.The Branch Manager, UCO Bank, Nagercoil Branch, Meenakshipuram, Nagercoil, Kaniyakumari District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to depute the second respondent herein to present the Sale Certificate before the Sub Registrar, Vadasery, Nagercoil, Kanyakumari for registration by considering petitioner's representation dated 27.06.2020 (sent through E-mail also) to the first respondent.
For Petitioner : Mr.D.Nallathambi For Respondents : Mr.K.Periyasamy Standing Counsel
ORDER
Heard the learned counsel on either side.
2.The petitioner had purchased five cents of property together with the building standing thereon in Vadasery Village, Nagercoil, Kanyakumari District, which was brought to auction by the respondents herein under SARFAESI Act, 2002. The petitioner had remitted the entire auction amount and the respondents had issued the Sale Certificate. But it is seen that the Sale Certificate contained erroneous details. Therefore, after rectifying the same, a fresh certificate was also issued by the respondent Bank. All that the petitioner wants is that the revised Sale Certificate should be presented before the Sub Registrar, Vadasery, Nagercoil, for registration and that the first respondent must ensure that the revised Sale Certificate is presented and registered. The petitioner had given a representation dated 27.06.2020 in this regard.
3.Earlier when the matter came up for admission, this Court https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.7348 of 2020 adjourned the matter to enable the learned Standing Counsel to get instructions. Today, when the matter was taken up for hearing, the learned Standing Counsel appearing for the respondent Bank fairly submitted that no exception can be taken to the petitioner's request. The respondents are ready to present the Sale Certificate for registration. All that they want is grant of sufficient time in view of the lockdown presently prevailing.
4.This Court considers the request to be reasonable. Therefore, the respondents are directed to comply with the petitioner's request as set out in the representation dated 27.06.2020, within a period of eight weeks from the date of receipt of a copy of this order.
5.This Writ Petition stands allowed. No costs. Sd/- Assistant Registrar (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Chief Manager / Authorized Officer, UCO Bank, Asset Management Branch (2125), 2nd Floor, 328, Thambu Street, Chennai-600 001.
2.The Branch Manager, UCO Bank, Nagercoil Branch, Meenakshipuram, Nagercoil, Kaniyakumari District.
W.P.(MD)No.7348 of 2020 08.07.2020 KK(09.07.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2