V.Devi v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)No.8597 of 2025 V.Devi

...Petitioner

-VsThe Authorized Officer, State Bank of India, Red Cross Building, II Floor, No.32, Red Cross Road, Egmore, Chennai-600 008.

...Respondent

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to issuance of possession notice dated 28.02.2025 issued under Section 8(1) of SARFAESI Act by the respondent and quash the same as illegal and arbitrary. For Petitioners : Mr.B.Sekar For Respondents : Mr.N.Dilip Kumar 1/4

ORDER

(Order of the Court was made by S.SRIMATHY, J.) This writ petition is filed challenging the possession notice issued by the respondent dated 28.02.2025.

2.The petitioner and her husband availed housing loan from the respondent Bank. Due to the default made by the petitioner, the respondent bank issued possession notice with regard to the property of the petitioner. Challenging the same, the present writ petition is filed. 3.This Court during the earlier hearing, directed the petitioner to pay a sum of Rs.5,00,000/- lakhs to the respondent bank to show his bona fide on or before 28.04.2025.

4.Today, when the writ petition is taken up for hearing, the learned counsel for the petitioner submits that he has complied with the said order. 5.The learned counsel for the respondent submits that if the petitioner pays a further sum of Rs.3,50,000/-, the account of the petitioner will be regularized.

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6.In view of the above submission, the petitioner is directed to pay a sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) to the respondent bank on or before 25.05.2025. On such payment, the respondent bank shall regularize the account of the petitioner enabling him to pay the monthly EMI.

7.Accordingly, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

(J.N.B.,J.) (S.S.Y.,J.) 28.04.2025 Index:Yes/No Internet : Yes/No ta To The Authorized Officer, State Bank of India, Red Cross Building, II Floor, No.32, Red Cross Road, Egmore, Chennai-600 008.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 28.04.2025 4/4