P.Manikandamoorthy v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)Nos.8634 and 8635 of 2025

1. P.Manikandamoorthy

2. Krishnaveni H

3. Akshaya Devi

4. Ashvapradha Devi ... Petitioners vs.

The Authorised Officer, Canara Bank, North Veli Street Branch, Madurai.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order dated 24.03.2025 in I.A.No.1185 of 2025 in S.A.No.212 of 2025 on the file of the Debt Recovery Tribunal, Madurai , quash the same in so far as condition of payment of 35 percent of the 1/4

entire suit amount i.e., Rs.99,24,961.79/- in four equal installments directly to the respondent bank, as per the date mentioned in the Writ Petition and quash the same as illegal.

For Petitioner : Mr.A.N.Ramanathan For Respondent : Mr.K.Anbuselvam

ORDER

(Order of the Court was made by S.SRIMATHY, J.) The present writ petition is filed challenging the order passed by the Debts Recovery Tribunal, Madurai, in I.A.No.1185 of 2025 in S.A.No.212 of 2025, dated 24.03.2025, whereby, the Debts Recovery Tribunal has directed the petitioner to pay 35% of the entire suit amount in four equal instalments.

2.

WMP(MD)No.8634 of 2025 to permit the petitioners to file a single writ petition is allowed 3.

The contention of the petitioner is that he has paid two instalments, but he could not pay the rest of the two instalments. 2/4

4.

This Court is of the considered opinion, payment of 35% of the entire suit amount is on the higher side for granting stay. Therefore, the same is modified as 25%. If there is any balance amount payable on 25%, the same shall be paid. Since the original borrower died, the balance amount out of 25% of the amount, shall be paid within a period of eight weeks from the date of receipt of a copy of this order. On such payment, there shall be an order of interim stay as granted by the Debts Recovery Tribunal. The main petition may be taken up for hearing by the Debts Recovery Tribunal at the earliest.

5.

With the above direction, the Writ Petition is disposed of. No costs. WMP(MD)No.8635 of 2025 is closed.

[J.N.B.,J.] & [S.S.Y.,J.] 29.04.2025 Index : Yes / No bala 3/4

J.NISHA BANU , J.

and S.SRIMATHY, J.

bala ORDER MADE IN DATED : 29.04.2025 4/4