Ravi Christopher v. The Branch Manager

W.P(MD)No.20306 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2021 CORAM :

THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN W.P(MD)No.20306 of 2021 and WMP(MD)Nos.16967 and 16968 of 2021 R.Ravi Christopher ... Petitioner vs.

1)The Branch Manager, Union Bank of India, Karungal Branch, No.18/B1, Karumavilai, Opp. CSI Home Church, Karungal-629157, Kanyakumari District.

2)The Senior Manager(Authorized Officer), Union Bank of India, Regional Office, P.T.Rajan Road, Madurai.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned E-Auction Sale Notice passed by the 1st respondent in his proceedings - Nil, dated 10.10.2021 and quash the same as illegal.

For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.N.Dilip Kumar

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The borrower has approached this Court challenging the EAuction notice issued by the respondent bank. 2.According to the bank, the outstanding amount as on date is Rs.23,15,286/-. The date of E-Auction is today(11.11.2021) between 11.00 a.m. and 05.00 p.m). After certain deliberations, it was agreed by the counsel for the petitioner that within two months time, the entire outstanding amount would be paid to the bank. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.20306 of 2021 3.Considering the offer, we are inclined to grant two months time on the following conditions:- i)As the E-Auction initiated has to be dropped at the instance of the petitioner, the petitioner would deposit the expenses of Rs.50,000/-(Rupees Fifty Thousand only) to the respondent bank on or before 17.11.2021.

ii)Of the outstanding amount of Rs.23,15,286/-, 50% of the amount would be deposited by the petitioner to the respondent bank on or before 13.12.2021.

iii)The Balance outstanding amount would be deposited to the respondent bank on or before 17.01.2022.

If the petitioner violates any of the above conditions, it is for the respondent bank to proceed in accordance with law. 4.With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) bala To 1)The Branch Manager, Union Bank of India, Karungal Branch, No.18/B1, Karumavilai, Opp. CSI Home Church, Karungal-629157, Kanyakumari District.

2)The Senior Manager(Authorized Officer), Union Bank of India, Regional Office, P.T.Rajan Road, Madurai.

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-34330[F] dated 12/11/2021 ) W.P(MD)No.20306 of 2021 DATED : 11.11.2021 PS(CO) KB(16.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2