Subbaraj V v. The Chief Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Fifth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.VAIDYANATHAN AND The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY IN WP(MD). No.10580 of 2023 Subbaraj V ... Petitioner/Petitioner Vs 1 The Chief Manager State Bank of India, Siruthozhil Branch 185, Madurai Road , Aruppukottai - 626 101 2 The Authorized Officer State Bank of India, SARB,No 8 Dr.Ambedkar Road, Madurai-625 020 ... Respondents/Respondents Prayer :- This Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to extend the time to comply the condition imposed upon the petitioner in W.P.(MD).No.10580/2023 dated 28.04.2023 that the condition of 1st installment payment of Rs.69,65,970/- to be paid together with the 2nd installment. 1/4

Prayer in WP(MD). 10580/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, call for the records on the file of the 2nd respondent Sale Notice dt.15.04.2023, quash the same. ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Ms. R. Sriram, Advocate for the Petitioner and of Ms. V.S. Karthi, Advocate for the respondents, this Court made the following order: [Order of the Court was made by S.VAIDYANATHAN, J.] This miscellaneous petition has been filed seeking extension of time to comply with the conditions imposed by this Court vide order dated 28.04.2023 in W.P.(MD) No.10580 of 2023.

2. Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that the petitioner has handed over a demand draft for a sum of Rs.1,69,65,970/- (Rupees one crore sixty nine lakhs sixty five thousand nine hundred and seventy only) to the respondent - Bank. 2/4

3. Learned counsel for the respondent - Bank would submit that the demand made by the respondent - Bank was on the date of the sale notice and the interest accrued subsequently need to be paid. He would further submit that the respondent - Bank will calculate the interest amount accrued subsequently and inform the same to the petitioner.

4. In view of the above submission, the respondent - Bank shall calculate the interest amount accrued subsequently, within a period of three working days from the date of receipt of a copy of this order and the petitioner shall pay the same, within a week thereafter.

5. To be noted, the petitioner has a right of redemption till the registration of the sale certificate. Since that stage has not arisen in this case and before registration of the sale certificate, the petitioner is tendering the due amount, the respondent - Bank is duty bound to accept the demand draft and close the petitioner's loan account.

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6. This civil miscellaneous petition is ordered accordingly. Sd/- Assistant Registrar(CS III) // True Copy // /07/2023 Sub Assistant Registrar(CS) TO

1. The Chief Manager State Bank of India , Siruthozhil Branch 185 Madurai Road , Aruppukottai - 626 101

2. The Authorized Officer State Bank of India ,SARB -8 Dr.Ambedkar Road Madurai-625 020 ORDER DATED : 05/07/2023 ==========================

ORDER

========================== IN WP(MD). No.10580 of 2023 Giving direction and etc.

as stated within.

MK/21.07.2023 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4