Madras High CourtWP(MD)/16813/2018disposed of

S.Michael Arojini Bai v. The Authorised Officer

2018-08-07Honourable Mr Justice T.Raja,Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA And THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.16813 of 2018 and WMP(MD)No14865 of 2018 Smt.S.Michael Sarojini Bai ... Petitioner vs.

1.The Authorised Officer, The State Bank of India, Stressed Assets Recovery Branch Red Cross Building, II Floor No.32, Montieth Road, Egmore, Chennai 600 008.

2.M/s.C1 India Private Ltd., Approved Service Provider of Stressed Assets Recovery Branch Red Cross Building, II Floor No.32, Montieth Road, Egmore, Chennai 600 008.

3.The Branch Manager, SME Branch, Ambattur (Code No.14376) Ambattur Industrial Estate 86-A & B, II Main Raod, Chennai 600 058, India.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling for entire SARFAESI proceedings including impugned e-tender auction sale notice issued by the first respondent in ref.SARB/SKR/254, dated 27.06.2018 fixing the auction sale on 08.08.2018 in so far as the petitioner's property concerned, quash the same and consequently direct the respondents herein to extend the benefit of rehabilitation, restructure the re-payment schedule of loan installments of petitioner.

For Petitioner : Mr.M.Vallinayagam Senior Counsel for Mr.K.Appadurai For Respondent No.1 : Mr.S.Sethuraman

ORDER

(Order of the Court was made by T.RAJA, J.) This writ petition is directed against the impugned E-tender auction sale notice issued by the first respondent, the authorised officer, State Bank of India, Stressed Assets Recovery Branch, Red Cross Building, II Floor, No.32, Montieth Road, Egmore, Chennai 600 008, in ref.SARB/SKR/254, dated 27.06.2018 fixing the auction sale on 08.08.2018 in so far as the petitioner's property concerned, quash the same and consequently direct the respondents herein to extend the benefit of rehabilitation, restructure the re-payment schedule of loan installments of petitioner.

2.When the matter was taken up, the learned counsel appearing for the authorised officer/first respondent fairly submitted that the impugned proceeding is related to the property situated at Dindigul, but the respondents have not received any Earnest Money Deposit from any bidders, till 4.00 p.m. on 06.08.2018. Therefore, the question of bringing the property for e-auction, is ruled out. 3.In view of the statement made by the learned counsel appearing for the first respondent, the prayer sought for in the writ petition has become infructuous. Accordingly, recording such statement, this writ petition is disposed of. No costs.

Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Authorised Officer, The State Bank of India, Stressed Assets Recovery Branch Red Cross Building, II Floor No.32, Montieth Road, Egmore, Chennai 600 008.

2.M/s.C1 India Private Ltd., Approved Service Provider of Stressed Assets Recovery Branch Red Cross Building, II Floor No.32, Montieth Road, Egmore, Chennai 600 008.

3.The Branch Manager, SME Branch, Ambattur (Code No.14376) Ambattur Industrial Estate 86-A & B, II Main Raod, Chennai 600 058, India.

+1CC to Mr.K.Appadurai, Advocate, SR.No. 77862 +1CC to Mr.S.Sethuraman, Advocate, SR.No.77668 Order made in W.P(MD)No.16813 of 2018 07.08.2018 RJ2 ES/SKN/RSK/SAR 4/03.09.2018/3P/6C