The petitioner challenged an auction notice for a tractor attached due to loan default. Since the interim stay was vacated and the tractor sold to a third party, the Court held the petition dead and closed the matter.
The writ petition is closed as the tractor was sold to a third party post-auction and the loan account remains outstanding.
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W.P(MD)No.10060 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.10060 of 2013 and M.P(MD)Nos.2 and 3 of 2013
K.Krishnan,
: Petitioner
Vs
: Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent pertaining to its notice dated 14.06.2013 published in Dina thanthi on 14- 06.2013 with regard to the tractor at SI. No. 1 of the notice bearing Reg.No. TN 63 F 7368 and quash the same and consequently direct the respondents to hand over the tractor to the petitioner.
W.P(MD)No.10060 of 2013
For Petitioner : Mr.S.C.Herold Singh
For Respondents : Mr.M.Ponnaih
**O R D E R ***************
The present Writ Petition had been filed challenging the auction cum tender notice issued by the first respondent Bank to bring the tractor belongs to the petitioner for auction on the ground of default-in-payment of monthly instalments.
2.On a perusal of records, it is seen that an order of interim stay was granted by this Court on 24.06.2013, directing the petitioner to pay a sum of Rs.1,25,000/- to the second respondent Bank, within a period of four weeks, from the date of receipt of a copy of that order. As per the said interim order, if the said amount is not paid, the interim stay granted shall stand vacated automatically without further reference to the Court. The petitioner was not able to deposit the said amount. The interim stay got vacated automatically. Hence, the first respondent Bank proceeded with the auction, sold the tractor in dispute and credited the amount to the loan account of the petitioner.
W.P(MD)No.10060 of 2013
05.09.2022 (1/2)
Index:Yes/No lr To
W.P(MD)No.10060 of 2013
R.VIJAYAKUMAR, J.
lr
ORDER MADE IN W.P(MD)No.10060 of 2013
05.09.2022 (1/2)
2 issues framed by the court
Whether the writ petition survives after the interim stay was vacated and the asset was auctioned to a third party.
Whether the Court should direct the Bank to hand over the tractor to the petitioner.
1 provisions across 1 enactments
K.Krishnan
The Authorized Officer, State Bank of India, Pudukottai Branch
State Bank of India, Rep by its Branch Manager, Ponnamaravathi Branch
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
