J.Thirumalairajan v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.20300 of 2024 J.Thirumalairajan ... Petitioner vs.
1. The Managing Director, Aptus Value Housing Finance Private Limited, No.8B, Dhoshi Towers, Poonmalle High Road, Kilpauk, Chennai - 600010.
2. Executive Director & Chief Business Officer, Aptus Value Housing Finance Private Limited, No.8B, Dhoshi Towers, 8th Floor, No.205, Poonmalle High Road, Kilpauk, Chennai - 600010.
3. The Branch Manager, Aptus Value Housing Finance Private Limited, Shop Nos.27 & 28, 1st Floor, Sona Towers, Palani Road, New Agraharam, Dindigul-624001.
... Respondents Page No.1 of 3
Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to hand over the possession of the secured asset lying in S.Nos.495/3, 495/4, 495/5, 495/6B, 495/7B of Pattiveeranpatti Town Panchayat, Sevuagampatti Village, Ayyampalayam Sub-Registry, Nilakottai Taluk, Dindigul District, by accepting the balance OTS offer amount of Rs.18,00,000/- which was orally given by the 3rd respondent on the basis of the petitioner's representation dated 22.08.2024. For Petitioner : Mr.M.Sankar
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.) Mandamus prayed for by the petitioner cannot be granted, since the petitioner relies upon a so-called oral one time settlement offered by the Bank.
2. We do not think we can act upon such claim of the petitioner, particularly, in a matter where action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, has already been initiated. Hence, we see no reason to entertain the Writ Petition. The Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
(R.S.M, J.) (L.V.G, J.) 14.10.2024 Index : No : No Page No.2 of 3
R.SUBRAMANIAN, J.
and L.VICTORIA GOWRI, J.
smn2 ORDER MADE IN DATED : 14.10.2024 Page No.3 of 3