Madras High CourtWP(MD)/14575/2023disposed of

Kalyanaraman .C v. The Authorized Officer

2023-08-30Honourable The Chief Justice,Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN and WMP(MD) Nos.12337 and 12338 of 2023 C.Kalyanaraman ... Petitioner -vsThe Authorized Officer, REPCO Home Finance Limited Promoted by REPCO Bank Government of India Enterprise No.26 Ground floor, ARR Complex, Kenikarai Ramanathapuram District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Cr.M.P.No.6495 of 2022 dated 05.05.2023 on the file of the learned Chief Judicial Magistrate, Ramanathapuram and quash the same as illegal, improper, unlawful, unconstitutional and arbitrary and consequently direct

the respondent not to initiate any further pursuant to the impugned order. For Petitioner :

Mr.S.Murugan For Respondents :

Mr.R.Sivakumar

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.S.Murugan, learned counsel for the petitioner and Mr.R.Sivakumar, learned counsel for the respondent Bank.

2. Under order dated 21.06.2023, the petitioner was directed to deposit Rs. 5,00,000/- on or before 30.07.2023, failing which, the interim relief was deemed to be vacated automatically. The petitioner did not deposit the amount within the time stipulated, however, deposited on 10.08.2023. It is submitted that more than Rs.19 lakhs is outstanding against the petitioner.

3. The petitioner shall deposit further Rs.5,00,000/- (Rupees five lakhs only) within two weeks from today and give proposal to the bank for deposit of

the further amount. If the amount of Rs.5 lakhs is deposited within two weeks from today and the application is filed by the petitioner within a period of six weeks laying down the stipulations as to how the amount would be paid, then the bank may consider and decide the same on its own merits. In case, the petitioner fails to deposit the amount of Rs.5 lakhs within two weeks from today, then the respondent Bank can proceed further.

4. The writ petition stands disposed of. However, there is no order as to costs. consequently connected Miscellaneous Petitions are closed. [S.V.G., CJ.] [C.K., J.] 30.08.2023 NCC : Yes / No Index : Yes / No RR

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.

RR W.P.(MD)No.14575 of 2023 30.08.2023