The Madurai Bench extended time for the petitioner to pay remaining dues of Rs.15 lakhs under an interim order, accepting a family accident as reasonable cause, and fixed a new deadline of 6 weeks.
Time extended to pay remaining Rs.15 lakhs within six weeks from the date of this order.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction )
Tuesday, the Twenty First day of March Two Thousand and Twenty Three
PRESENT
The Honble Mr.Justice R.SUBRAMANIAN and The Honble Mrs.Justice L.VICTORIA GOWRI
WMP(MD) No.5532 of 2023 in WMP(MD) No.338 of 2023 IN WP(MD) No.27210 of 2022
HARIFF M
... PETITIONER
Vs
1 THE AUTHORIZED OFFICER M/S. SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, NO.81, 3RD FLOOR, PKNA COMPLEX (UPSTAIRS MEGA MART), BYPASS ROAD, MADURAI - 14.
2 M/S. SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER / AUTHORISED OFFICER, KK NAGAR BRANCH, NO.29, NATARAJ COMPLEX, 1ST FLOOR, KFC UPSTAIRS, DISTRICT COURT OPP., MADURAI- 20. ... RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to extent the time beyond 17.03.2023 for the payment of settlement of entire dues in compliance to the interim order passed by this Honble Court in W.M.P.(MD) No.338/2023 in W.P.(MD) No.27210 of 2022 on 01.12.2022.
PRAYER in WMP(MD) No.338 of 2023:
pleased to extent the time beyond 02.01.2023 for the payment of settlement of entire dues in compliance to the interim order passed by this Honble Court in W.P.(MD). No.27210 of 2022 on 01.12.2022.
PRAYER IN WP(MD) No.27210 of 2022:-
To issue a Writ of Certiorari, calling for the records of the possession notice issued by the 1st respondent dated 09.03.2022 https://www.mhc.tn.gov.in/judis and quash the same.
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ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. DEEPAK .F, Advocate for the petitioner and of Mr.Ananth C.Rajesh, Advocate on behalf of the 1st Respondent, the Court made the following order:-
(Order of the Court was made by R.SUBRAMANIAN., J)
The petitioner had challenged the possession notice issued by the bank in the writ petition. This Court had, by order dated 01.12.2022, directed the petitioner to pay 20% of the outstanding amount, which worked out to Rs.40 lakhs. The petitioner paid Rs.20 lakhs and sought for extension of time in WMP(MD)No.338 of 2023. The Division Bench of this Court, on 02.03.2023, had granted two weeks time to the petitioner to pay the balance amount.
2.Claiming that the entire family of the petitioner met with an accident on 02.03.2023, he is unable to comply with the order passed by this Court, the petitioner has come up with this petition seeking extension of time.
3.The records relating to the accident have been place before us. We find that the petitioner has made out reasonable cause for extension. Out of 20% of the amount, that was directed to be paid, the petitioner has paid Rs.25,00,000/- so far. The petitioner shall pay the remaining Rs.15 lakhs within a period of 6 weeks from today.
4.Post the matter on 07.06.2023 for reporting compliance.
TO
1 THE AUTHORIZED OFFICER M/S. SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, NO.81, 3RD FLOOR, PKNA COMPLEX (UPSTAIRS MEGA MART), BYPASS ROAD, MADURAI - 14.
https://www.mhc.tn.gov.in/judis DISTRICT COURT OPP., MADURAI-20.
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+1. C.C. to M/S. DEEPAK .F Advocate SR.No.4699
ORDER IN WMP(MD) No.5532 of 2023 in
WMP(MD) No.338 of 2023 IN WP(MD) No.27210 of 2022
Date :21/03/2023
SS/BUC/SAR II/28/03/2023/3P/5C
2 issues framed by the court
Whether the petitioner needs an extension of time to pay the remaining dues of Rs.15 lakhs given a family accident.
Whether the petitioner has made out reasonable cause for the extension of time.
HARIFF M
THE AUTHORIZED OFFICER M/S. SHRIRAM TRANSPORT FINANCE COMPANY LIMITED
M/S. SHRIRAM TRANSPORT FINANCE COMPANY LIMITED
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
