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Madras High CourtWMP(MD)/21805/2022closed

Suresh.S v. The Authorized Officer

2022-12-07Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Seventh day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR AND The Hon`ble Mr.Justice R.VIJAYAKUMAR WMP(MD). No.21805 of 2022 in W.P.(MD)No.23906 of 2022 S. Suresh ... Petitioner/Petitioner Vs 1 The Authorized Officer The Punjab National Bank Trichy Main Branch No. 10 Royal Road, Cantonment, Trichy 620 001.

2 Raju Periyasamy ... Respondent/Respondent/Respondent Prayer in WMP(MD). No.21805 of 2022:- Writ Miscellaneous Petition filed Under Article 226 of the Constitution of India to extend the time granted by this Honble Court vide order dated 23.11.2022 in W.M.P.(MD) No.20156 of 2022 in W.P.(MD) No.23906 of 2022, for the further period of two weeks for paying the balance amount of the 1st installment Prayer in W.P.(MD)No.23906 of 2022:- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, call for the records and quash the Sale held on 16.09.2022 in favour of the 2nd respondent and consequently Cancel the Sale Certificate dated 07.10.2022 executed in favour of the 2nd respondent in connection with the E-Auction Sale Notice 29.08.

2022 issued by the 1st Respondent, as same are illegal. ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. G. Vishnuram, Advocate for the Petitioner and of Mr. R. Pandivel https://www.mhc.tn.gov.

Standing Council For the 1st Respondent, and of Mr. R. Sundar Advocate for the 2nd Respondent, this Court made the following order: This Petition is filed seeking extension of time already granted by this Court in W.M.P(MD)No.20156 of 2022 in W.P(MD) No.23906 of 2022, dated 23.11.2022, for a further period of two months for paying the balance amount of the first instalment. 2.The learned counsel appearing for the Petitioner undertakes to pay the first and second instalment of the due amount on or before 17.12.2022 and seeks for extention of time for the above said payment.

3.The said request of the Petitioner seems to be very genuine and the learned counsel for the respondent/Bank has no serious objection if the Petitioner has complied with the earlier order of this Court in two instalments on or before 17.12.2022. 4.Therefore, finally, this Court has granted time till 17.12.2022, for payment of the above said two instalments and if the Petitioner fails to do so, the respondent/Bank is at liberty to take appropriate action against the Petitioner, in accordance with law.

5.With the above said direction, this Miscellaneous Petition stands closed. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // /12/2022 Sub Assistant Registrar(CS) Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai

1. + 1.c.c. To Mr. G. Vishnuram Advocate SR.No.60608

2. + 1.c.c. To Mr. R. Sundar Advocate SR.No.60592 ORDER DATED : 07/12/2022 ==========================

ORDER

========================== WMP(MD). No.21805 of 2022 in W.P.(MD)No.23906 of 2022 Giving direction and etc.

as stated within.

MGJ/VRS(16.12.2022) 2P 4C https://www.mhc.tn.gov.in/judis