P.Shanthi v. Canara Bank
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE P.Shanthi ... Petitioner vs.
1. Canara Bank, Rep by its Authorised Officer, ARM Branch, 1st Floor, Circle Office, East Veli Street, Madurai.
2. D.Raja Prabhakaran
3. I. Ruban ... Respondents (R3 is impleaded vide court order dated 09.08.2024 in WMP(MD)No. 16381/2024) Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent bank to grant grace period of 2 weeks to pay the rest of the outstanding amount of Rs.2,20,000/- on the basis of the petitioner's representation dated 05.08.2024. For Petitioner : Mr.S.Kumar For R1 : Mr.P.Pethu Rajesh For R3 : Mr.R.J.Karthick Page No.1 of 4
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The limited prayer in the writ petition is for granting a grace period of two weeks to pay the outstanding amount of Rs.2,20,000/- to the secured creditor / Bank.
2.
The affidavit filed in support of the writ petition was sworn on 05.08.2024. As such, the two weeks time sought for by the petitioner has already lapsed. This apart, it is also brought to the notice of this Court by the learned standing counsel for the Bank that the property was already brought for auction and a sale certificate has also been issued on 03.08.2024. 3.
The counsel for the auction purchaser would also ratify that the auction purchaser has paid the entire sale amount to the Bank. 4.
In the light of the above subsequent developments, the prayer sought for in the present writ petition does not deserve consideration. It is needless to point out that in case, the petitioner has any further grievance, it is always open to him to approach the Debts Recovery Tribunal to redress his grievance, which shall be dealt with in accordance with law. Page No.2 of 4
5.
Accordingly, the Writ Petition stands dismissed. No costs. (M.S.R, J.) (A.D.M.C, J.) 03.12.2024 Index : Yes / No : Yes / No bala Page No.3 of 4
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
bala ORDER MADE IN DATED : 03.12.2024 Page No.4 of 4