M/S. K.C.P. Chamber v. The Authorized Officer / Chief Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.9840 of 2023 M/s.K.C.P.Chamber, Rep. by its Proprietrix, V.Menaga ... Petitioner vs.

1.The Authorized Officer/Chief Manager, Canara Bank, Nagal Nagar Branch - 2, Dindigul Town, Dindigul District.

2.The Branch Manager, Canara Bank, Sendurai Branch, Dindigul District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned Auction Sale Notice, dated 11.04.2023, issued by the first respondent under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 and to quash the same and all other consequential proceedings and consequently direct the respondents not to take any consequential action as against the 1/4

petitioner's property in furtherance of the impugned auction sale notice dated 11.04.2023.

For Petitioner : Mr.F.Deepak For Respondents : Mr.P.Pethu Rajesh

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) Challenge in this writ petition is to the impugned auction sale notice, dated 11.04.2023 issued by the first respondent.

2. It is stated that the earlier order of this Court, dated 04.05.2023, has been complied with.

3. Mr.P.Pethu Rajesh, learned Standing Counsel appearing for the respondent bank has produced the offer letter issued by the petitioner offering to pay a sum of Rs.1,37,00,000/- as One Time Settlement. The said sum of Rs.1,37,00,000/- includes Rs.47,02,744/- paid pursuant to the orders of this Court, dated 04.05.2023 and Rs.11,75,000/- paid on 03.06.2023 and in respect of the balance sum of Rs.78,22,256/-, the petitioner agreed to pay the same, on or before 02.09.2023.

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4. Mr.P.Pethu Rajesh, learned Standing Counsel appearing for the respondent bank would submit that the bank has accepted the said proposal. Hence, the writ petition is closed recording the said submission. No Costs. Consequently, connected miscellaneous petition is closed. (R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 07.06.2023 Index : Yes / No pm 3/4

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm ORDER MADE IN DATED :07.06.2023 4/4