Bennet v. The Chief Judicial Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD).Nos.15249 and 15251 of 2022 Bennet ... Petitioner Vs.

1.The Chief Judicial Magistrate, Nagercoil, Kanyakumari District.

2.The Authorised Officer, Aptus Value Housing Finance India Limited, No.8B, Doshi Towers, Poonamallee High Road, Kilpauk, Chennai-600 010.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari Mandamus, calling for the entire records pertaining to the impugned order passed by the first respondent in Crl.M.P.No.4258 of 2022 dated 21.07.2022 and 26.08.2022 along with the possession Notice dated 12.11.2020 issued by the second respondent and quash the same as illegal and consequently 1/6

direct the second respondent to consider the petitioner's representation dated 30.11.2020, 23.12.2020 to Re-constitute the loan account No.AMATHN0032460.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondent No.2 : Mr.Sunil Rakesh Standing counsel for Bank

O R D E R

(Order of the Court was made by S.S.SUNDAR, J.) This Writ Petition is filed challenging the impugned order passed by the first respondent in Crl.M.P.No.4258 of 2022 dated 21.07.2022 and 26.08.2022 and the possession notice dated 12.11.2020.

2. Heard Mr.P.M.Vishnuvarthanan, learned counsel appearing for the petitioner and Mr.Sunil Rakesh, learned Standing Counsel for the second respondent Bank.

3. As against the total outstanding amount of Rs.19,00,000/- (Rupees Nineteen Lakhs only) as on date, the learned Counsel for the petitioner states that the petitioner is prepared to pay 25% of the amount 2/6

due within a period of four months in equal monthly installments.

4. Considering the facts and circumstances of the case and by consent of both the parties, this Court is inclined to dispose of the Writ Petition with the following directions:

(i) The second respondent bank shall defer taking possession as per the impugned possession notice, dated 12.11.2020, on condition that the petitioner pays a sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) on or before 30.09.2022; a further sum of Rs. 1,25,000/- (Rupees One Lakh Twenty Five Thousand only) on or before 31.10.2022; a further sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) on or before 30.11.2022 and a further sum of Rs. 1,00,000/- (Rupees One Lakh only) on or before 31.12.2022; (ii) In case, the petitioner fails to pay any one of the installments, in the manner as directed above, it is open to the respondent bank to proceed further in accordance with law ignoring this order; (iii) In case, the petitioner deposits the amount as directed above, the petitioner is permitted to submit a representation to the respondent 3/6

Bank either for waiver of penal interest or for One Time Settlement or for restructuring the loan and other concessions, as may be permissible under the guidelines of the Reserve Bank of India or the norms applicable to the respondent Bank and the respondent Bank shall pass appropriate orders in accordance with law; and (iv) Till such order is passed on the representation of the petitioner and the same is communicated to the petitioner, the respondent Bank shall not initiate any coercive action against the petitioner or the properties of the petitioner.

5. The Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [S.S.Y., J.] 02.09.2022 Index :Yes/No Internet :Yes ssb 4/6

To 1.The Chief Judicial Magistrate, Nagercoil, Kanyakumari District.

2.The Authorised Officer, Aptus Value Housing Finance India Limited, No.8B, Doshi Towers, Poonamallee High Road, Kilpauk, Chennai-600 010.

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S.S.SUNDAR, J.

AND S.SRIMATHY, J.

ssb ORDER MADE IN and W.M.P(MD).Nos.15249 and 15251 of 2022 02.09.2022 6/6