Madras High CourtWP(MD)/21117/2024disposed of

G. Boominathan v. M/S. Jana Small Finance Bank Limited

2024-09-18Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.17885 to 17887 of 2024 G.Boominathan ... Petitioner -vsM/s.Jana Samll Finance Bank Limited, No.640/641, Second Floor, Nehruji Road, SBI Upstairs, Theni.

Represented by its Authorized Officer, Chandrasekaran, S/o.Muniyandi ...Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the Chief Judicial Magistrate, Theni in Crl.M.P.No.3872 of 2024 dated 02.07.2024 and quash the same as illegal and consequently direct the respondent to de-seal and permit the petitioner to reside along with his family in the house building bearing Door No.6.1.131/1 measuring 800 sq. ft i.e., 74.32 sq.mtr., comprised in Re-survey No.224/7 situated at B.Meenatchipuram Village and Town, Bodinayakanur Sub Registration District, Periyakulam Registration District, Bodinayakanur Taluk, Theni District. For Petitioner :

Mr.M.Kannan For Respondent : Mr.S.Babu

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] The learned counsel for the petitioner has handed over a demand draft for Rs.2,00,000/- (Rupees Two Lakhs only) to the learned counsel for the bank. The balance amount as of today is 3,54,852/- + interest that has accrued subsequently. The bank will restore possession to the petitioner within a period of 10 days from today and the petitioner will pay the balance amount in four equal monthly installments. The interest accrued in the interregnum period and any charges shall be payble along with a last installment. The installments will commence from 01.10.2024. If there is any default of payment of installments within the 1st five days of month, the bank will be entitled to resume possession without approaching the Chief Judicial Magistrate again. Any action for sale will be deferred till then.

2. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 18.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 18.09.2024