The High Court dismissed a writ petition filed by a customer challenging an e-auction notice after the petitioner failed to pay 30% of the debt amount within the specified period, thereby violating an interim stay order.
Writ petition dismissed; interim order vacated; bank allowed to proceed further as per statute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23/10/2017
C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.26067 of 2017
Parimala ... Petitioner
Vs
1. The Branch Manager
State Bank of India
Dr. Sankaran Road
Namakkal Town
Namakkal Taluk & District.
2. N. Ganesan
3. N. Hari Krishnan
4. N. Natarajan
5. N. Krishnasamy ... Respondents
Writ Petition filed under Article 226 of the Constitution
of India, praying for issuance of a Writ of certiorari to call
for the e-auction sale notice, dated 23/8/2017, issued by the
first respondent and quash the same as illegal.
For Petitioner ... Mr.A.Vinod Kumar
“5. When the petitioner has an alternative and effective remedy to challenge the e-auction notice before the tribunal, in ordinary circumstances, writ https://hcservices.ecourts.gov.in/hcservices/ petition does not require to be entertained.
However, on the representation of the learned counsel for the petitioner that the petitioner would pay 30% of the debt amount to the bank, within a period of three weeks from today, we deem it fit to order that e- auction sale may go on, but, confirmation of sale, be stayed till 20/10/2017. It is made clear that if the above said order is not complied with, within the stipulated time, interim stay granted shall stand vacated, without reference to the orders of this Court.
Thus, it is listed today.
Assistant Registrar
Dt.8.11.17
//True Copy//
Sub Assistant Registrar
To
The Branch Manager
State Bank of India Dr. Sankaran Road Namakkal Town Namakkal Taluk & District.
Vd(co)
krd 24/11
W.P.No.26067 of 2017
3 issues framed by the court
Whether the petitioner is entitled to have the writ petition dismissed for non-compliance with an interim order requiring payment of 30% of the debt amount.
Whether the interim stay on confirmation of e-auction sales can be vacated due to failure to pay the stipulated amount within the fixed time.
Whether the writ petition can be granted permission to withdraw on grounds of non-compliance with the order.
Colour shows how this judgement treated each authority
Prestige Lights Ltd., Vs. State Bank of IndiaFollowed¶12
{2007 (8) SCC 449} · Who else cites this
Parimala
The Branch Manager, State Bank of India
N. Ganesan
N. Hari Krishnan
N. Natarajan
N. Krishnasamy
S. Manikumar
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
