Ramasubramani.S.P v. The Regional Manager
WP(MD) No.10760 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Twenty Ninth day of June Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH WP(MD) No.10760 of 2021 S.P.RAMASUBRAMANI ... PETITIONER Vs 1 THE REGIONAL MANAGER, CANARA BANK, NO.23 NEW AGRAHARAM, PALANI ROAD, DINDIGUL.
2 THE BRANCH MANAGER, CANARA BANK, BATLAGUNDU BRANCH, BATLAGUNDU - 624 202. ... RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a writ of Certiorarified Mandamus, calling for the records relating to impugned auction sale notice issued by the 2nd respondent in Daily Thanthi Tamil Newspaper dated 20-06-2021 and quash the same and further direct the 2nd respondent to receive the outstanding jewel loan amount along with interest and return jewels pledged by the petitioner.
Prayer in WMP(MD). 8376/ 2021 :
To stay the auction to be held on 29-06-2021 with respect to petitioners jewel loan account in A/c.Nos.0946842048138 and 0946842048137, pending disposal of the writ petition. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Udayakumar.K.K, Advocate for the petitioner and of Mr.N.Dilip Kumar, Standing counsel on behalf of the Respondents, the court made the following order:- Mr.N.Dilip Kumar, learned Standing counsel takes notice for the respondents.
2. It is brought to the notice of this Court by the learned counsel appearing on behalf of the respondent Bank that the petitioner is due and payable towards the first jewel amount a sum of Rs.1,30,314/- (One Lakh Thirty Thousand Three Hundred and Fourteen only) and towards the second jewel loan a sum of https://hcservices.ecourts.gov.in/hcservices/ 1/2
WP(MD) No.10760 of 2021 Rs.2,15,976/- (Rupees Two Lakhs Fifteen Thousand Nine Hundred and Seventy Six only) and in all, a total sum of Rs.3,46,290/- (Rupees Three Lakhs Forty Six Thousand Two Hundred and Ninety only).
3. The learned counsel appearing for the petitioner submitted that if the petitioner repays back this amount, the respondent Bank will not go ahead with the auction that is slated to be held today at 3.30 p.m. The learned counsel appearing for the petitioner submitted that the entire amount due towards the jewel loan will be re-paid by the petitioner today before the respondent Bank.
4. Recording the submissions made on either side, there shall be a direction to the respondent Bank not to bring the jewels pledged by the petitioner for auction sale today and the petitioner is directed to repay back the entire jewel loan of Rs.3,46,290/- (Rupees Three Lakhs Forty Six Thousand Two Hundred and Ninety only) by today.
5. Registry is directed to post this case under the caption "For reporting Compliance" on 01.07.2021.
sd/- 29/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 REGIONAL MANAGER, CANARA BANK, NO.23 NEW AGRAHARAM, PALANI ROAD, DINDIGUL.
2 THE BRANCH MANAGER, CANARA BANK, BATLAGUNDU BRANCH, BATLAGUNDU - 624 202.
+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-4235[I] dated 30/06/2021 ) +1. C.C. to M/S.UDAYAKUMAR.K.K, Advocate SR.No. 4232
ORDER
IN WP(MD) No.10760 of 2021 Date :29/06/2021 JM/VR/SAR II/30.06.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2