Partly allowed

Sahayaraj F v. The Authorized Officer/ Chief Manager

Madras HC19 Dec 2022WP(MD)/20080/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Madurai Bench of Madras High Court directed the petitioner to pay outstanding bank dues in six monthly installments to prevent the bank from taking coercive action, including the E-auction of properties.

What did the court decide?

Direction to pay outstanding dues in six monthly installments; no coercive action allowed during payment regime.

Sahayaraj F Vs The Authorized Officer/ Chief Manager — Banking and Recovery | Madras HC (2022)

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W.P.(MD) No.20080 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD) No.20080 of 2022 and W.M.P.(MD)No.14611 of 2022

Mr.F.Sahayaraj

... Petitioner

Vs.

The Authorized Officer / Chief Manager, Tamilnad Mercantile Bank Ltd., Palayamkottai Branch, Water Tank Road, St. Johns's College Campus, Palayamkottai – 627 002, Tirunelveli.

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... Respondent

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to forbear to E-Auction the petitioner's properties which is situated in Tirunelveli District, Palayamkottai

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.20080 of 2022

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Registration District, Palayamkottai Sub Registration Office, Palayamkottai Taluk, Tirunelveli Municipal Corporation Ward No.18, Vijayaragava Mudhaliar Chathiram Village, St.Thomas Road, Survey No.47-50, New Survey No.213 Plot No.C24, land measuring 06.20 cents, on the basis of Intended E-Auction Sale Notice, dated 18.07.2022 issued by the respondent to consider petitioner's representation, dated 10.08.2022.

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For Petitioner : Mr.R.M.Suresh

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For Respondent : Mr.N.Dilipkumar, Standing Counsel

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O R D E R

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[Order of the Court was made by D.KRISHNAKUMAR, J.]

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Challenging the impugned E-Auction sale notice dated 18.07.2022 and also seeking for a consequential direction to the respondent to consider his representation dated 10.08.2022, the petitioner has filed this Writ Petition.

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2. When matter came up for admission on 26.08.2022, this Court has passed the conditional interim order. The learned counsel for the petitioner has

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.20080 of 2022

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filed a memo dated 12.12.2022, before this Court stating that the conditional interim order passed by this Court has been complied with.

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3. The learned counsel appearing for the respondent bank submitted that the entire outstanding amount as on 14.12.2022 is at Rs.16,45,857/-

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4. The learned counsel appearing for the petitioner undertakes to pay the the entire outstanding amount within eight consecutive equal monthly installments, commencing from January 2023. The learned counsel appearing for the respondent has objected for giving such a long time.

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5. Considering the submissions made by both sides, we direct the petitioner to pay the entire outstanding amount as on 14.12.2022, in six consecutive equal monthly installments, commencing from January 2023. The monthly installments shall be paid on or before the 5^th day of every English Calender month. The last installment viz., the 6^th installment shall be paid along with accrued interest. Till such time, the second respondent bank shall not take

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.20080 of 2022

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any coercive action against the petitioner. If the petitioner fails to pay the amount in any one of the installments, the respondent bank may proceed further in accordance with law.

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6. With the above direction, this Writ Petition is disposed of. No costs.

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Consequently, connected miscellaneous petition is closed.

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[D.K.K., J.] [R.V., J.] 19.12.2022

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Index : Yes / No Internet : Yes / No vsm

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Note: Issue order copy on 22.12.2022

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_____________ Page 4 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.20080 of 2022

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The Authorized Officer / Chief Manager, Tamilnad Mercantile Bank Ltd., Palayamkottai Branch, Water Tank Road, St. Johns's College Campus, Palayamkottai – 627 002, Tirunelveli.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.20080 of 2022

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D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.

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vsm

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W.P.(MD)No.20080 of 2022

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19.12.2022

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_____________ Page 6 of 6_

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https://www.mhc.tn.gov.in/judis

Sahayaraj F v. The Authorized Officer/ Chief Manager

Case brief

What is this about?

What did the court decide?

Sahayaraj F v. The Authorized Officer/ Chief Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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