Russel Raj.C v. Indian Overseas Bank
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2021 THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P(MD)Nos.17478 & 17479 of 2021 1.C.Russel Raj 2.Sheela Raja Christy ... Petitioners Vs.
1.The Indian Overseas Bank, represented by its Regional Manager, Regional Office, 552/3, M.S.Road, Vetturnimadam, Nagercoil - 629 003, Kanyakumari District.
2.The Branch Manager Indian Overseas Bank, Maruthencode, Kanyakumari District, Pin 629163.
3.The Authorized Officer Indian Overseas Bank, Regional Office, 552/3, M.S.Road, Vetturnimadam, Nagaercoil - 629 003 Kanyakumari District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's petition, sent to the respondents by e-mail and speed post on 15.11.2021, within the time fixed by this Court, forbearing from proceeding further pursuant to the sale Notice No. Nil, dated 28.10.2021, on the file of the third respondent, with regard to the petitioner's properties, at serial number 7 of the said sale notice, pending disposal of the said consideration and disposal of the Petitioner's Petition.
For Petitioners : Mr.K.N.Thampi For Respondents : Mr.N.Dilip Kumar, Standing Counsel 1/3
O R D E R
(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Writ Petition is filed by the borrower against the Bank challenging the sale notice, dated 28.10.2021. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The sale is fixed on 30.11.2021 between 11.00 a.m and 2.00 p.m.This Court had granted time for the Petitioners to negotiate with the Bank, however, it was not fruitful. However, the Petitioners state that they would be in a position to mobilise the funds to deposit with the Bank with the help of their relatives. 4.In such view of the matter, auction proposed to be held on 30.11.2021 is postponed for a period of two weeks, however, subject to the condition that auction expenses of Rs.
25,000/-(Rupees twenty five thousand only) is deposited by the Petitioners on or before 11.00 a.m on 30.11.2021. In the meanwhile, it is open to the Petitioners to work out their negotiation with the Bank, for any kind of settlement. In the event of default in payment of the amount as aforesaid, it is open to the Bank to continue with the sale.
5.With the above directions, the Writ Petition stands closed. No costs.Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO 1.The Regional Manager, Indian Overseas Bank Regional Office, 552/3, M.S.Road, Vetturnimadam, Nagercoil - 629 003, Kanyakumari District.
2.The Branch Manager Indian Overseas Bank, Maruthencode, Kanyakumari District, Pin 629163.
3.The Authorized Officer Indian Overseas Bank, Regional Office, 552/3, M.S.Road, Vetturnimadam, Nagaercoil - 629 003 Kanyakumari District.
+1 CC to M/s.K.N.THAMBI, Advocate ( SR-36193[F] dated 26/11/2021 ) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-36347[F] dated 29/11/2021 ) ORDER MADE IN and W.M.P(MD)Nos.17478 & 17479 of 2021 26.11.2021 RS (01.12.2021) 3P 6C 3/3