Selvi Maridurai v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30/04/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.13164 of 2025 and WMP(MD) No.9411 of 2025 Selvi Maridurai ... Petitioner Vs The Authorized Officer, Cholamandalam Investment and Finance Company Limited,Chola Crest, C54-55 and Super B-4, Thiru-Vi-Ka Indstrial Estate, Guindy, Chennai - 600 032..

... Respondent PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari to call for the records pertaining to the E-Auction Sale Notice dated 15.04.2025, and to quash the same as illegal.

For Petitioner : Mr.T.Win For Respondents : Mr.P.Pethurajesh 1/4

ORDER

(Order of the Court was made by S.SRIMATHY, J.) The writ petition has been filed challenging the e-auction sale notice of the respondent dated 15.04.2025.

2.The petitioner has availed credit facility to the tune of Rs. 1,37,00,000/-. Due to default, proceedings SARFAESI Act has been initiated and the impugned sale notice has been issued on 15.04.2025. The petitioner is aggrieved by the same.

3. When the matter was taken up for hearing earlier, in order to show the bona fide, this Court directed the petitioner to pay a sum of Rs.7 lakhs. Today, when the matter is taken up, it is submitted that he had paid a sum of Rs.7 lakhs.

4. Since the petitioner has paid the substantial amount, as directed by this Court, the petitioner is directed to pay the remaining 30% of the outstanding amount within a period of two months, ie., on or before 2/4

30.06.2025. Thereafter the remaining shall be paid in twelve equal installments. The final installment shall be paid with accrued interest. If there is any default, the respondent is at liberty to take action as per law. The petitioner is also at liberty to negotiate with regard to interest with the respondent bank.

5. The writ petition is disposed of with the above direction. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 30.04.2025 NCC : Yes/No Index : Yes/No RR 3/4

J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WP(MD) No.13164 of 2025 Date : 30/04/2025 4/4