The court disposed of a writ petition challenging an e-auction notice for bank recovery. The parties reached a settlement where the petitioner pays the balance in two instalments, leading the court to stay the auction notice.
E-Auction Sale Notice dated 21.12.2021 stayed; petitioner to pay balance in two instalments by 31.03.2022.
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.1072 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.01.2022
CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P(MD)No.1072 of 2022 and
WMP(MD)No.897 of 2022
R.Krishnaveni
... Petitioner
vs.
Retail Assets Central Processing Centre (RACPC), Madhuram Complex, 2, Dr.Ambedkar Road, Madurai-625002.
Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned E-Auction Sale Notice issued by the respondent bank dated 21.12.2021 and quash the same as illegal.
For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.N.Dilip Kumar
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J. )
E-Auction Sale Notice dated 21.12.2021 is assailed in this writ petition which is issued for the recovery of a sum of Rs.2,47,777/-.
2. However, when the matter was taken up for hearing today, it was stated by the learned standing counsel for the respondent Bank that the outstanding amount is Rs.2,34,881/- of which, Rs.47,000/-
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W.P(MD)No.1072 of 2022
has been paid by the writ petitioner on 28.01.2022. It is now agreed by the petitioner that he would pay the balance of the amount in two equal instalments on or before 31.03.2022.
3. The learned counsel appearing for the Bank also agrees for the above payment schedule.
4. In view of the above arrangement between the parties, the E-Auction Sale Notice dated 21.12.2021 will be put off. If the petitioner fails to make payment as per the above payment schedule, the respondent Bank will be entitled to take any further action in a manner known to law.
5. Recording the above arrangement, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Assistant Registrar (Records)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
bala
To
+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-3214[F] dated 31/01/2022 )
+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-3279[F] dated 01/02/2022 ) W.P(MD)No.1072 of 2022 DATED : 31.01.2022
MGJ(11.02.2022) 2P 5C
Page 2/2
1 issue framed by the court
Whether to quash the E-Auction Sale Notice issued by the respondent bank for non-payment of dues.
1 provisions across 1 enactments
R.Krishnaveni
The Authorized Officer, State Bank of India, Retail Assets Central Processing Centre (RACPC)
The Branch Manager, State Bank of India, Vinayaganagar Branch
PUSHPA SATHYANARAYANA
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
