Balamurugan v. The Regional Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD).Nos.10647 to 10649 of 2023 Balamurugan ... Petitioner Vs.
1.The Regional Director, Reserve Bank of India, 16, Rajaji Salai, Fort Glacis, Chennai 600 001.
2.The Authorised Officer, City Union Bank Limited, Credit Recovery and Management Department, "NARAYANA", Administrative Office, No.24-B, Gandhi Nagar, Kumbakonam 612 001.
3.The Branch Manager, City Union Bank, Aruppukottai, Virudhunagar District.
4.Jeyaruby 5.Harun Rasheed 6.K.Ayyarsamy ... Respondents 1/7
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the impugned auction sale notice dated 04.05.2023 of the respondents 2 and 3 and quash the same. For Petitioner : Mr.R.Murugappan For R2 & R3 : Mr.R.Pandivel Standing counsel
O R D E R
(Order of the Court was made by M.S.RAMESH.J.,) This is the 7th writ petition filed by the petitioner challenging the proceedings initiated by the respondent Bank under the SARFAESI Act.
2. The last writ petition filed before the co-ordinate Bench of this Court in W.P.(MD).No.4465 of 2023 came to be dismissed on 02.03.2023, by recording the conduct of the petitioner, in the following manner: "2. The petitioner is a Lorry Driver and borrowed a sum of Rs.15 lakhs and he also paid nearly Rs.20 lakhs with interest to the respondents 2 and 3, however, due to COVID-19 pandemic, he has committed default, as a result of which, his account has been classified as NPA. Thereafter, the second respondent issued notice under Section 13(2) of the SARFAESI Act (in short 'the Act'), on 22.10.2021 followed by the possession notice dated 12.01.2022. Subsequently, a tender cum auction notice dated 07.02.2022 for 2/7
auctioning the property for recovery of the outstanding amount of Rs.15,61,207/- as on 14.09.2021 was issued. Aggrieved by the auction sale notice, the petitioner has come before this Court by filing a writ petition and the petitioner withdrew the same to approach the bank for reconstructing his loan amount. When the petitioner was offered One Time Settlement by the bank to settle his credit facilities fixing a sum of Rs.13,50,000/-, wherein, it has been made clear that Rs.3 lakhs to be paid on or before 21.03.2022 and the remaining to be paid on or before 25.04.2022. Accordingly, the petitioner paid Rs.3 lakhs and committed default of the remaining amount and hence, the 2nd respondent brought the property for auction and sale vide notice dated 11.05.2022.
Once again challenging the said notice, the petitioner filed another writ petition in WP(MD) No.10863/2022, which was disposed of by this Court by directing the petitioner to pay a sum of Rs.1,00,000/- within one month with a further direction to the petitioner to make a representation to the Bank for reconstruction of the loan. Though the petitioner paid Rs.1,00,000/-, the balance has not been paid and hence, the application for reconstructing the loan has been rejected. Thereafter, the respondent Bank approached the Chief Judicial Magistrate, Virudhunagar in Cr.M.P.No.5399/2022 under Section 14 of the Act. Finding that the petitioner is a habitual defaulter, the Chief Judicial Magistrate allowed the application filed under Section 14 of the Act, thereby appointing an Advocate Commissioner to take over the physical possession.
Aggrieved by the same, the petitioner knocked the doors of this Court by again filing a writ petition in WP(MD) No.
which was also disposed on 28.09.2022 by directing the respondents to consider the representation of the petitioner dated 24.09.2022 and the petitioner was given protection by directing the respondents not to take any coercive action till the said representation was considered. However, by stating that the petitioner was not carrying on any business, the question of reconstructing of the loan does not arise, the respondent rejected his case. Challenging the rejection order, the petitioner filed 4th writ petition in WP(MD) No.27482/2022 and again this Court entertained the writ petition thereby directed the petitioner to pay a sum of Rs.3 lakhs on or before 02.01.2023 and the entire remaining outstanding in six equal instalments. However, the petitioner committed defaults. Since the conditional order was not complied with, he is before this Court with this writ petition.
3. When this Court has repeatedly showed so much of diligence considering his poor background, he has not even made use of the same. Therefore, no purpose would be served by accepting the writ petition. Accordingly, the writ petition fails and the same is dismissed. No costs. Consequently connected Miscellaneous Petitions are closed. "
3. The above order has not been disclosed in the affidavit filed in support of the present writ petition. The only ground raised by the petitioner is that he is a lorry driver by profession and due to financial constraint, he is 4/7
unable to pay the loan amount and seeks for further indulgence by granting time for repayment of the loan amount. As observed in the earlier order passed by this Court, several opportunities have been extended to the petitioner which he is not availed of.
4. By taking note of the continuous litigation initiated by the petitioner and also on the ground that he has suppressed the earlier order passed by this Court in W.P.(MD).No.4465 of 2023 in the present writ petition, the Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
[M.S.R.J.,] [P.T.A.J.,] 24.05.2023 akv To 1.The Regional Director, Reserve Bank of India, 16, Rajaji Salai, Fort Glacis, Chennai 600 001.
2.The Authorised Officer, City Union Bank Limited, Credit Recovery and Management Department, "NARAYANA", Administrative Office, No.24-B, Gandhi Nagar, Kumbakonam 612 001.
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3.The Branch Manager, City Union Bank, Aruppukottai, Virudhunagar District.
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M.S.RAMESH,J.
and P.T.ASHA,J.
akv 24.05.2023 7/7