Madras High CourtWP(MD)/23729/2023disposed of

Ramachandran v. The Recovery Officer - 1

2023-12-15Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD).Nos.19903 and 19904 of 2023 Ramachandran .. Petitioner Vs.

1.The Recovery Officer - 1, Debt Recovery Tribunal, Madurai.

2.The Chief Manager, Indian Bank, NGO Colony Branch, Trivandrum Road (Near New Bus Stand), Tirunelveli - 627 005.

3.T.P.Murugan, Recovery Officer - 1, Debt Recovery Tribunal, Madurai.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records relating to the impugned proclamation of sale and the e-auction sale notice dated 01.09.2023 issued

by the 1st respondent in R.C.No.13 of 2022 in OA.No.51 of 2013 on the file of the Debt Recovery Tribunal, Madurai and quash the same. For Petitioner : Mr.V.Meenakshi Sundaram for Mr.G.Mohan Kumar For R-1 : Mr.K.Govindarajan Deputy Solicitor General of India For R-2 : Mr.C.Karthik For R-3 : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The present Writ Petition has been instituted challenging the proclamation of sale and the e-auction sale notice dated 01.09.2023 issued by the 1st respondent in R.C.No.13 of 2022 in OA.No.51 of 2013 on the file of the Debts Recovery Tribunal, Madurai.

2. The learned counsel for the petitioner referred the order of the Debts Recovery Tribunal, Madurai in O.A.No.51 of 2013 dated 18.07.2023, which reveals that the Bank will not take any coercive steps.

2. It is brought to our notice that the miscellaneous application filed in M.A.No.131 of 2023 is now pending and reserved for orders. The matter is posted for passing orders on 12.01.2024. Therefore, the respondent Bank shall not take any coercive steps till such time, the miscellaneous application is disposed of by the Debts Recovery Tribunal. It is needless to state that the writ petitioner is bound to co-operate for disposal of the proceedings before the Debts Recovery Tribunal, Madurai.

3. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (V.L.N.,J.) 15.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

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