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Madras High CourtWMP(MD)/15560/2022dismissed

Nagarajan.N v. The Authorised Officer

2022-11-16Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Sixteenth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.MAHADEVAN AND The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD in W.P.(MD)No. 16899 of 2022 1.N. Nagarajan

2. N. Gomathi ... Petitioners/Petitioners Vs 1 The Authorised Officer, Punjab National Bank, Head Office Plot No.4, Sector 10, Dwarka, New Delhi 110075. 2 The Branch Manager, Punjab National Bank, Branch Office, Circle Sastra Centre, Trichy Circle, PNB House, Kailasapuram, Trichy - 620014. ... Respondents/Respondents Prayer in WMP(MD). No.15560 of 2022:- Writ Miscellaneous Petition Under Article 226 of Constitution of India to extend the time for the period of four weeks to comply the 1st installment in the conditional order passed in WP(MD).No.16899 of 2022 dated 29.07.2022 and thus render justice. Prayer in W.P.(MD)No. 16899 of 2022:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed in Cr.M.P.No.952/2021 on the file of the Chief Judicial Magistrate, Madurai dated 17.12.2021 under Section 14 of the SARFAESI Act and quash the same and consequently direct the second respondent bank to 1/3

recall the NPA and re-schedule the loan account as per the Prudential Norms and Master Circular issued by the Reserve Bank of India based on the representation made by the petitioner dated 24.07.2022.

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 Mr. P. Thirumahilmaran, Advocate for the Petitioners and of Mr. R. Pandivel, Standing Counsel for the respondent(s), this Court made the following order:

"This petition has been filed to extend four weeks time to pay the 1st instalment as per the conditional order of this Court dated 29.07.2022 made in W.P.(MD)No.16899 of 2022.

2.Today, when the matter was taken up for hearing, the learned Standing Counsel for the respondent Bank submitted that this Court, by an order dated 29.07.2022, directed the petitioner to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the respondent Bank on or before 29.08.2022 as a 1st instalment, followed by three instalments on 29.09.2022, 28.10.2022 and 28.11.2022. The petitioner has filed this extension petition before this Court on 06.09.2022. Despite the extension period of four weeks is over, till date the petitioner has not complied with the conditional order of this Court dated 29.07.2022.

3.In view of the above, we are not inclined to extend the time. Therefore, this Writ Miscellaneous Petition is dismissed." Sd/- Assistant Registrar (CS-I) // True Copy // /11/2022 Sub Assistant Registrar(CS) TO 1 The Authorised Officer, Punjab National Bank, Head Office Plot No.4, Sector 10, Dwarka, New Delhi 110075. 2 The Branch Manager, Punjab National Bank, Branch Office, Circle Sastra Centre, Trichy Circle, PNB House, Kailasapuram, Trichy - 620014. 2/3

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 16/11/2022 ==========================

ORDER

========================== in W.P.(MD)No. 16899 of 2022 Giving direction and etc.

as stated within.

AMS(23.11.2022) 3P 4C 3/3