Kumarasamy S v. The Authorized Officer

W.P(MD)No.21275 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2021 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN W.P(MD)No.21275 of 2021 and WMP(MD)Nos.17857 and 17858 of 2021 S.Kumarasamy ... Petitioner vs.

The Authorised Officer, Tamilnadu Mercantile Bank Ltd., 14-1-14 (14), A.S.A.R.A. Complex, Sankarankovil Main Road, Surandai, Tirunelveli District.

... Respondent Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the entire record pertaining to the impugned 2nd sale notice dated 10.11.2021 schedule action on 03.12.2021 and impugned 3rd sale notice dated 12.11.2021 scheduled auction on 22.12.2021, issued by the respondent bank.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondent : Mr.T.Thevan

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The writ petition is directed against the sale notice issued by the Tamilnadu Mercantile Bank Ltd., who is the respondent in the SARFAESI proceedings.

2.

The outstanding amount is Rs.59,55,528.90. The sale is fixed on 03.12.2021 at 03.30 p.m. The writ petition is entertained by this Court, as there is no Presiding Officer in the Debt Recovery Tribunal, Madurai, and in view of the urgency expressed, without going into the merits of the case, there will be a direction to the petitioner to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) https://hcservices.ecourts.gov.in/hcservices/ Page 1/2

W.P(MD)No.21275 of 2021 within a period of four weeks from today and the sale fixed on 03.12.2021 may be postponed. However, the petitioner herein has to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), towards E-Auction expenses, which would be paid on or before 03.12.2021, before 03.30 p.m. If the petitioner commits default in any of the above, the respondent bank will be entitled to take any further action in a manner known to law.

3.

With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) Bala TO:

The Authorised Officer, Tamilnadu Mercantile Bank Ltd., 14-1-14 (14), A.S.A.R.A. Complex, Sankarankovil Main Road, Surandai, Tirunelveli District.

W.P(MD)No.21275 of 2021 DATED : 01.12.2021 RD(03.12.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ Page 2/2