D. Amirtham v. The Authorized Officer

W.P.(MD)No.18785 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.18785 of 2019 and W.M.P.(MD)No.15125 of 2019 D.Amirtham ... Petitioner - Vs. - The Authorised Officer, State Bank of India Kodaikanal Branch Dindigul District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus Calling for the records relating to the impugned E-Auction Sale Notice dated 09-082019 bearing A/c.No.30935203405 in respect of the property measuring 603 Sq.Ft.situates in old Natham S.No.453/43 and 436/1 New Natham S.No.453/1 Sub Division S.No.2754/12, ward B Block-10, Plot No.44 D.No.5/182 and 5/184 at Vilpatti Village and Panchayat, Kodaikanal Taluk, Dindigul District issued by the respondent and quash the same and direct the respondent to close the Home Loan A/c.No.30935203405 of the petitioner father in law and husband as both of them died on 07-09-2010 and 27-08-2018 respectively as per the Home Loan Arrangement and Insurance Policy Rules and to refund the excess amount to the petitioner paid towards the said home loan by the petitioner's husband.

For Petitioner : Mr.N.Mohan For Respondent : Mr.N.Dilip Kumar

O R D E R

[Order of the Court was made by K.RAVICHANDRABAABU, J.] This writ petition is filed challenging the E-auction sale notice, dated 09.08.2019 issued by the respondent bank, in respect of the property referred to therein.

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W.P.(MD)No.18785 of 2019 2.Mr.N.Dilip Kumar, learned counsel appearing for the respondent bank took notice on 29.08.2019 and sought time to get instruction from the respondent bank. Accordingly, the matter is posted today for further hearing.

3.Mr.N.Dilip Kumar, learned counsel appearing for the respondent bank based on instruction submitted that the impugned auction sale notice will not be proceeded further with, since the respondent bank is contemplating to withdraw the said auction sale notice. Therefore, he submitted that the petitioner need not have any apprehension.

4.The said statement is recorded. Consequently, the writ petition is disposed of, as no further order is necessary. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar To The Authorised Officer, State Bank of India Kodaikanal Branch Dindigul District.

+1 CC to M/s.N.MOHAN, Advocate ( SR-84411[F] dated 30/08/2019 ) +1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-84629[F] dated 30/08/2019 ) W.P.(MD)No.18785 of 2019 30.08.2019 RJ2 MS/16.09.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2