Madras High CourtWMP(MD)/18554/2022ordered

Thangapandian. Grt v. The Chief Judicial Magistrate

2022-11-16Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad2 pages

WMP(MD) No.18554 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Sixteenth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.MAHADEVAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD WMP(MD) No.18554 of 2022 IN WP(MD) No.21387 of 2022 1 THANGAPANDIAN.G.R.T., 2 MUTHUPANDIAN.G.R.T., 3 PALPANDIAN.G.R.T., 4 SENTHILPANDIAN.T, 5 THANGAIAHASARI.G.R., ... PETITIONERS/PETITIONERS Vs 1 THE CHIEF JUDICIAL MAGISTRATE DISTRICT COURT BUILDINGS, MADURAI DISTRICT.

2 THE AUTHORIZED OFFICER CATHOLIC SYRIYAN BANK LIMITED, ASSET RECOVERY BRANCH, 2ND FLOOR, SIVA COMPLEX, 54, OLD POST OFFICE ROAD, COIMBATORE 641 018.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant further 3 weeks time to pay the 2nd installment amount of Rs.6,00,000/- as per the order of this Honble Court dated 08.09.2022 made in W.P.(MD).No. 21387 of 2022.

Prayer in WP(MD). 21387/ 2022 :

to issue of Writ of Certiorari calling for the records pertaining to the impugned order passed by the 1st Respondent dated 29.08.2022 made in Cr.M.P.No.785 of 2022 and quash the same. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.ARUNACHALAM M, Advocate for the petitioner and of MR.S.BABU, Standing Counsel on behalf of the 2nd Respondent, the court made the following order:- [Order of the Court was made by R.MAHADEVAN, J.] This writ miscellaneous petition is filed seeking extension of time for three weeks to pay the second instalment amount of https://www.mhc.tn.gov.in/judis 1/2

WMP(MD) No.18554 of 2022 Rs.6,00,000/- as per the order dated 08.09.2022 passed by this Court in W.P.(MD) No.21387 of 2022.

2.According to the petitioners, as per the conditional interim order dated 08.09.2022, they have deposited the first instalment amount of Rs.6,00,000/- on 27.09.2022. However, due to the festival season, despite hectic efforts, they are unable to mobilize funds to pay the second instalment amount of Rs.6,00,000/- within the stipulated time. Therefore, they seek three weeks time to pay the second instalment.

3.The learned Standing Counsel appearing for the respondent - Bank submitted that the petitioners may be granted short accommodation to pay the second instalment.

4.In view of the above submissions, the writ miscellaneous petition is ordered and the time granted by this Court to the petitioners to pay the second instalment is extended till 30.11.2022. Needless to state that in case, the petitioners fail to deposit the second instalment within the extended time, the interim stay already granted would stand vacated automatically, without further reference to this Court and it is open to the respondent - Bank to proceed further in accordance with law. sd/- 16/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE DISTRICT COURT BUILDINGS, MADURAI DISTRICT.

2 THE AUTHORIZED OFFICER CATHOLIC SYRIYAN BANK LIMITED, ASSET RECOVERY BRANCH, 2ND FLOOR, SIVA COMPLEX, 54, OLD POST OFFICE ROAD, COIMBATORE 641 018.

ORDER IN WMP(MD) No.18554 of 2022 IN WP(MD) No.21387 of 2022 Date :16/11/2022 krk RS/SSS/SAR.2(21.11.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2