Petitioner sought to quash an e-auction and sale certificate regarding bank-repossessed property. The writ petition was dismissed on prayer to withdraw with liberty to approach Debts Recovery Tribunal.
Writ petition dismissed as withdrawn. Liberty given to approach Debts Recovery Tribunal.
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. No.32723 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P. No.32723 of 2022
S.Arulanatha Pathiraj ... Petitioner Vs. 1.PNB Housing Finance Ltd. rep. By its Manager, (Branch Office) C45, 1st Floor, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai 32. 2.PNB Housing Finance Ltd. rep. By its Manager, (Registered Office) 9th Floor, Anthriksh Bhavan, 22, Kasturba Gandhi Marg, New Delhi 110 001 3.The Authorised Officer, PNB Housing Finance Ltd. C45, 1st Floor, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai 32. 4.S.Balachander 5.K.Karthikeyan ... Respondents Page 1 of 4
W.P. No.32723 of 2022
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records relating to the e-public auction of the property consistin gof house plots beaing Nos.163, 164, 252 and 253 in an approved layout vide CR/DTCP M-84-8/L.P. Named as “Sathya Sai Nagar”, measuring to an extent of 9600 sq.ft. comprised in S.Nos.546/1A & 546/1B of Kattarambakkam Village, Sriperumpudur Taluk, Kanchipuram District within the registration district of Chengalpattu and registration sub division of Sriperumbudur and sale certificate dated 24.05.2022 which was executed by 3rd respondent as evidenced by the certificate of sale deed registered as socument No.4614/2022 on 24.05.2022 in the office of registering officer, Sriperumpudur, quash the e-auction proceedings, consequently cancel the sale certificate dated 24.05.2022 and direct the respondents to resore the possession of the said property to the petitioner.
For the Petitioner :: Mr.B.Sullasavelan
ORDER
(Made by the Hon'ble Acting Chief Justice)
Learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to approach the Debts Recovery Tribunal, Chennai. He has also made an endorsement to that effect.
Page 2 of 4
W.P. No.32723 of 2022
(T.R., ACJ.) (D.B.C., J.) 07.12.2022
Index: Yes/No tar
To 1.The Manager, (Branch Office) PNB Housing Finance Ltd. C45, 1st Floor, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai 32.
2.The Manager, (Registered Office) PNB Housing Finance Ltd. 9th Floor, Anthriksh Bhavan, 22, Kasturba Gandhi Marg, New Delhi 110 001 3.The Authorised Officer, PNB Housing Finance Ltd. C45, 1st Floor, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai 32.
Page 3 of 4
W.P. No.32723 of 2022
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar)
W.P. No.32723 of 2022
07.12.2022
Page 4 of 4
1 provisions across 1 enactments
S.Arulanatha Pathiraj
PNB Housing Finance Ltd. rep. By its Manager, (Branch Office)
PNB Housing Finance Ltd. rep. By its Manager, (Registered Office)
The Authorised Officer, PNB Housing Finance Ltd.
S.Balachander
K.Karthikeyan
T.RAJA
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
