The Madras High Court dismissed a writ petition where the petitioner sought to set aside a bank's Sale Notice due to loan defaults. The Court held that the proper forum for recovery is the Debts Recovery Tribunal, not this Court.
The writ petition was dismissed with liberty to approach the Debts Recovery Tribunal for appropriate relief.
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.
W.P.(MD)No.15293 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2020 CORAM:
THE HONOURABLE MR.JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.15293 of 2020 and W.M.P.(MD)Nos.12851 and 12854 of 2020
A.Veiyulumuthu ... Petitioner Vs.
Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Sale Notice bearing No.Nil dated 15.09.2020 on the file of the 1st respondent and set aside the same as illegal and consequently direct the respondents to revive the One Time Settlement arrived dated 15.11.2019.
For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.Muthaiah, Standing Counsel for Respondents
ORDER
[Order of the Court was made by N. KIRUBAKARAN, J. ]
The petitioner has come before this Court, challenging the Sale Notice dated 15.09.2020 issued by the first respondent.
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W.P.(MD)No.15293 of 2020
payment of loan amount, the account of the petitioner has been declared as Non-Performing Asset on 29.01.2017. However, as on 28.08.2019, the amount due and payable is Rs.1,63,20,523/-. Even though One Time Settlement offer was given to the petitioner, the same was not honoured. Hence, the present Sale Notice has been issued.
Assistant Registrar
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
ogy
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned.
To
Near LIC of India,Virudhunagar,Virudhunagar District.
04.11.2020
KMK(CO)
AP(05/11/2020) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/
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2 issues framed by the court
Whether the writ petition challenging the validity of the Sale Notice issued by the bank should be allowed.
Whether the petitioner is fit to approach the Debts Recovery Tribunal for appropriate relief.
A. Veiyulumuthu
The Authorised Officer, The Lakshmi Vilas Bank Ltd., Virudhunagar Branch
The Branch Manager, The Lakshmi Vilas Bank Ltd., Virudhunagar Branch
N. Kirubakaran
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
