The Court granted the petitioner two weeks to pay Rs.13,38,014/- as dues and interest to the bank to avoid auction sale consequences.
Time granted till 28.04.2023 to pay Rs.13,38,014/- plus interest for refunding auction consideration.
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.
WMP(MD). No.7466 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Wednesday, the Twenty Sixth day of April Two Thousand and Twenty Three
PRESENT
The Honble The ACTING CHIEF JUSTICE AND The Honble Mr.Justice R.SUBRAMANIAN
WMP(MD). No.7466 of 2023
in
WP(MD)No.28268 of 2022
T.Vijayakumar ... Petitioner/Petitioner
Vs
1 The Authorized Officer
Tamil Nadu Mercantile Bank Limited Karungal Branch Marthandam Highway Road Karungal Kanyakumari District
2 V.Varghese, ... Respondent/Respondent (R2 is Impleaded Vide Court Order Dated 20.02.2023 made in WMP(MD)No.2726/2023)
Prayer in WMP(MD). No.7466 of 2023
Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, to extend the time mentioned in W.P.(MD) No.28268 of 2022 dated 20.02.2023 to further period of fifteen days to comply with the order passed in the above writ petition.
Prayer in WP(MD). 28268/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue of Writ of Certiorari to call for the records pertaining to the impugned Sale Notice, dated 07.11.2022, No.Nil, issued by the respondent herein and quash the same as illegal.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.C.Kishore Advocate for the Petitioner and of Mr.N.Dilip Kumar, Advocate for the 1st Respondent, and of Mr.T.Selvakumaran , Advocate for the 2nd Respondent this Court made the following order:
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WMP(MD). No.7466 of 2023
[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE]
This miscellaneous petition has been filed by the petitioner seeking fifteen days time to comply with the order dated 20.02.2023, passed by this Court in W.P.(MD) No.28268 of 2023.
2. Learned counsel for the petitioner submitted that the amount outstanding is Rs.10,53,782/- (Rupees ten lakhs fifty three thousand seven hundred and eighty two only) and if one day time is granted, the petitioner will pay the same to the respondent – Bank and will pay the interest for the sale consideration paid by the auction purchaser, within a period of two weeks.
3. Learned counsel appearing for the respondent – Bank submitted that the amount due is Rs.13,38,014/-.
4. The petitioner is granted two weeks time from today to pay interest for the sale consideration paid by the auction purchaser, if he pays the due amount of Rs.13,38,014/- (Rupees thirteen lakhs thirty eight thousand and fourteen only) to the respondent – Bank on or before 28.04.2023 by 05.00 p.m.
5. It is submitted that the petitioner and the auction purchaser are cousin brothers. In view of such peculiar circumstances, the interest for the sale consideration is fixed at six percent per annum.
6. It is needless to mention that the sale consideration paid by the auction purchaser shall be refunded to him on the petitioner paying the dues to the bank and the interest payable to the auction purchaser as directed above.
7. Learned counsel for the respondent – Bank undertakes that he will file a memo before the Debts Recovery Tribunal, Madurai, to withdraw O.A.No.584 of 2022, after the above settlement is over.
8. This miscellaneous petition is ordered accordingly.
Assistant Registrar(CS II)
// True Copy //
/05/2023 Sub Assistant Registrar(CS)
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WMP(MD). No.7466 of 2023
TO
ORDER DATED : 26/04/2023 ========================== ORDER ========================== WMP(MD). No.7466 of 2023 in WP(MD)No.28268 of 2022 Giving direction and etc. as stated within. MK/08.05.2023 3P 5C
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1 issue framed by the court
Whether the petitioner should be granted time to pay the outstanding amount and interest to the bank.
1 provisions across 1 enactments
T.Vijayakumar
The Authorized Officer Tamil Nadu Mercantile Bank Limited Karungal Branch
V.Varghese
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
