Madras High CourtWP(MD)/14760/2021disposed of

Lavanya V v. The Branch Manager

2021-10-05Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P.(MD)No.14760 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.14760 of 2021 and WMP(MD).No.11681 of 2021 V.Lavanya ... Petitioner Vs.

1. The Branch Manager, State Bank of India, Siruthozhil Branch, Karur - 639 001.

2. The Assistant General Manager, SARB Branch, Madurai, State Bank of India, No.8, Dr.Ambedkar Road, First floor, Vinayaganagar Branch, Madurai.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to permit the petitioner to remove the stridhana articles from and out of the secured asset namely, the house property situated at Old No.12, New No.34, Second Street, Anna Nagar, Karur639 002 upon considering the petitioner's representation dated 13.08.2021.

For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.N.Dilip Kumar

O R D E R

The writ petition is filed for a direction to the State Bank of India, Vinayaganagar Branch, Madurai, to permit the petitioner to remove her stridhana articles from an out of the secured asset, namely, the house bearing Old No.12, New No.34, Second Street, Anna Nagar, Karur-639 002.

2. At the time of admission, the bank was directed to prepare an inventory of articles contained in the secured asset and report thereon on the next date of hearing. At the hearing today, learned counsel for the bank points out that the borrower, i.e. the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14760 of 2021 petitioner's father-in-law, consented to the articles being handed over to the petitioner. Pursuant thereto, the bank addressed a communication dated 14.09.2021 to the petitioner and called upon her to remove such articles on or before 22.09.2021. Learned counsel for the petitioner confirms that such articles were not removed on or before 22.09.2021. However, he states that the petitioner is ready and willing to remove those articles on a date fixed by the court.

3. In view of the above mentioned submissions, the petitioner is directed to visit the property (the secured asset) on 09.10.2021 at 10.30 A.M for the purpose of removal of her stridhana articles therefrom. The State Bank of India is directed to depute an authorised person to be present at the secured asset. An inventory of the articles which are being handed over to the petitioner shall be prepared and signed by the petitioner as well as the authorised representative of the bank. The original shall be retained by the bank and a copy thereof provided to the petitioner.

4. W.P(MD).No.14760 of 2021 is disposed of on these terms without any order as to costs. Consequently, connected WMP(MD). No.11681 of 2021 is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To

1. The Branch Manager, State Bank of India, Siruthozhil Branch, Karur - 639 001.

2. The Assistant General Manager, SARB Branch, Madurai, State Bank of India, No.8, Dr.Ambedkar Road, First floor, Vinayaganagar Branch, Madurai.

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-31408[F] dated 06/10/2021 ) W.P.(MD)No.14760 of 2021 05.10.2021 RD(20.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2