P.M.Neelamegam, v. S.Yogesh

SUB A(MD) No.274 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Ninth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.DURAISWAMY and The Hon`ble Mr.Justice K.MURALI SHANKAR SUB A(MD) No.274 of 2021 IN CONT P(MD) No.1105 of 2020 P.M.NEELAMEGAM ... PETITIONER/PETITIONER/ PETITIONER/PETITIONER Vs 1 S.YOGESH THE CHIEF MANAGER, REPCO HOME FINANCE LTD., NO.24, 2ND FLOOR, RAM ARCADE, THILLAI NAGAR, 11TH CROSS MAIN ROAD, TRICHY - 620018 2 K.MURALI THE AUTHORIZED SIGNATORY REPCO HOME FINANCE LTD., CORPORATE OFFICE 3RD FLOOR, ALEXANDAR SQUARE, NEW NO.2, (OLD NO.34 AND 35) SARDAR PATEL ROAD, GUINDY, CHENNAI 03.

RESPONDENTS/CONTEMNORS/ RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of INTERIM STAY of all further proceedings pursuant to the impugned E-Auction Sale Notice in S.No.8/79 dated 25-08-2021 issued by the 2nd Respondent herein,pending disposal of the above contempt petition.

Prayer in CONT P(MD). 1105/ 2020 :

To punish the respondents herein for their deliberate and willful disobedience of the order of this HOnourable Court dated 14.09.2018 in WM.P(MD).No. 17625/2018 in WP(MD).No. 19846/2018 under section 11 of the Contempt of Courts Act 1971. Prayer in WP(MD). 19846/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the communication of the 2nd respondent dated 05.09.2018, quash the part of the communication stating that the One Time Settlement is valid only upto 15.09.2018 and consequently direct the respondents to extend the time granted for settling the loan accounts TRY 1397, TRY 1258 and TRY 1254 with the respondents Bank.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

SUB A(MD) No.274 of 2021 ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.GEETHA, Advocate for the petitioner and of Mr.E.OM PRAKASH, Senior Counsel on behalf of the respondents, the Court made the following order:- (Order of the Court was made by M.DURAISWAMY,J) When the Sub Application is taken up for hearing, Mr.E.Om Prakash, learned Senior Counsel appearing for the respondents Bank submitted that there was no bidder in the auction held on 28.09.2021 and therefore, nothing survives for adjudication in the Sub Application.

2.Recording the submission made by Mr.E.Om Prakash, learned Senior Counsel appearing for the respondents Bank, Sub Application stands dismissed as infructuous.

sd/- 29/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 S.YOGESH THE CHIEF MANAGER, REPCO HOME FINANCE LTD., NO.24, 2ND FLOOR, RAM ARCADE, THILLAI NAGAR, 11TH CROSS MAIN ROAD, TRICHY - 620018 2 K.MURALI THE AUTHORIZED SIGNATORY REPCO HOME FINANCE LTD., CORPORATE OFFICE 3RD FLOOR, ALEXANDAR SQUARE, NEW NO.2, (OLD NO.34 AND 35) SARDAR PATEL ROAD, GUINDY, CHENNAI 03.

ORDER

IN SUB A(MD) No.274 of 2021 IN CONT P(MD) No.1105 of 2020 Date :29/09/2021 SS/VR/SAR-I/04.10.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2