Rajkumar v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P(MD)No.18396 of 2022 Rajkumar ... Petitioner vs.

1.The Authorized Officer, Canara Bank, Palani Branch, Dindigul - Palani Road, Anna Nagar, Palani, Tamil Nadu - 624 601.

2.The Branch Manager, Canara Bank, Palani Branch, Dindigul - Palani Road, Anna Nagar, Palani, Tamil Nadu - 624 601.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned sale notice bearing No.Ref.1018261005589, dated 20.09.2022 issued by the first respondent and quash the same. 1/5

For Petitioner : Mr.M.Vallinayagam Senior Counsel for Mr.M.Gnanagurunathan For Respondents : Mr.N.Dilip Kumar

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) Challenging the impugned sale notice, dated 20.09.2022 issued by the first respondent, the petitioner has filed the present Writ Petition.

2. Today, when the matter was taken up for hearing, the learned Senior Counsel appearing for the petitioner submitted that the petitioner has complied with the conditional interim order, dated 20.10.2022 passed by this Court and he is inclined to submit OTS proposal to the respondent Bank and the same may be directed to be considered by the respondent Bank within a time frame to be fixed by this Court.

3. The learned counsel appearing for the respondents Bank submitted that instead of approaching the Branch Office, the petitioner may be directed to approach the Circle Office of the respondent with such proposal.

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4. Though this Court cannot issue any positive direction to the respondent Bank to consider the OTS proposal of the petitioner, in view of the submission of the learned counsel appearing for the respondents, the petitioner may submit his OTS proposal to the circle office of the respondent Bank within a period of two weeks from the date of receipt of a copy of this order and the same may be considered by the circle office of the respondent Bank as per the RBI norms within a period of four weeks thereafter. Till such time, the parties are directed to maintain status quo as on date.

5. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 15.11.2022 Internet : Yes ps 3/5

To 1.The Authorized Officer, Canara Bank, Palani Branch, Dindigul - Palani Road, Anna Nagar, Palani, Tamil Nadu - 624 601.

2.The Branch Manager, Canara Bank, Palani Branch, Dindigul - Palani Road, Anna Nagar, Palani, Tamil Nadu - 624 601.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 15.11.2022 5/5