The Court dismissed writ petitions challenging the seizure and auction of a tractor by the Bank. The petitioner defaulted on loan installments and failed to comply with a prior order to negotiate a repayment plan, rendering the petitions infructuous.
Writ petitions dismissed; connected miscellaneous petitions closed; no costs.
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).Nos.14960 of 2010 and 3041 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).Nos.14960 of 2010 and 3041 of 2011 and M.P(MD).No.1 of 2010 and M.P(MD)Nos.2 and 3 of 2011
M.Abimannan ... Petitioner(In both cases) Vs.
The Branch Manager, State Bank of India, Kamarajarpuram Branch, Thiruchirapalli-620 014. ... Respondent(In both cases)
PRAYER in W.P(MD)No.14960 of 2010: 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 relating to the order of the respondent made in order dated 18.10.2010 and quash the same and consequently direct the respondent to release the agricultural tractor bearing Registration No.TN 45 AJ 6400.
PRAYER in W.P(MD)No.3041 of 2011: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the tender notification of the respondent dated 09.03.2011 made in Thinathanthi dated 10.03.2011 and quash the same as far as against the petitioner.
ORDER
W.P(MD)No.14960 of 2010 has been filed seeking to quash the order of the respondent Bank dated 18.10.2010, under which the Bank has seized a tractor belonging to the writ petitioner due to default in payment of the installments.
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W.P.(MD).Nos.14960 of 2010 and 3041 of 2011
Assistant Registrar(CS-I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
gbg
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W.P.(MD).Nos.14960 of 2010 and 3041 of 2011
To
The Branch Manager, State Bank of India, Kamarajarpuram Branch, Thiruchirapalli-620 014. +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-24343[F] dated 07/06/2022 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-24665[F] dated 08/06/2022 ) W.P.(MD).Nos.14960 of 2010 and 3041 of 2011 06.06.2022 GM(CO) KB(16.06.2022) 3P 4C
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2 issues framed by the court
Whether the writ petitions challenging the seizure and auction of a tractor by the Bank should be allowed.
Whether the orders forcing the petitioner to approach the Bank for payment of installments were complied with.
M.Abimannan
The Branch Manager, State Bank of India, Kamarajarpuram Branch, Thiruchirapalli-620 014
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
