Disposed

C.Prabakaran v. The Chief Manager

Madras HC6 Oct 2023WP/9513/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras disposed of a writ petition filed by a petitioner seeking a physical handover of keys to auctioned property from bank respondents. The Court ordered the bank's authorized officer to hand over keys to the petitioner on a specified date.

What did the court decide?

Directed the bank's Authorized Officer to hand over keys to the petitioner and place him in possession of the subject property at the writ site at 12:00 noon on 09.10.2023. Petition disposed of withou

C.Prabakaran Vs The Chief Manager — Banking and Recovery | Madras HC (2023)

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WP No.9513 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.10.2023

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CORAM

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THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

WP No.9513 of 2021

C.Prabakaran

.. Petitioner

-vs-

The Chief Manager, M/s.Bank of Baroda, (Erstwhile DENA Bank is amalgamated with the Bank of Baroda wef 01.04.2019) Aminjikarai Branch, Aminjikarai, Chennai 600 029.

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The General Manager, Bank of Baroda, Zonal Office, Baroda Pride, New No.41, 3^rd Floor, Luz Church Road, Mylapore, Chennai-04.

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.. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to transfer physical possession to the petitioner that he is duly entitled or refund the sum of Rs.29,85,000/- (Rupees Twenty-nine lakhs and eighty-five thousand only) received by them under an auction sale dated 10.01.2019 and conveyed vide sale certificate dated 26.02.2019 together with interest at the rate of 24% per annum from the date of sale certificate till the date of transferring possession or repayment of the sum.

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Page 1 of 4

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

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WP No.9513 of 2021

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For the Petitioner : Mr.Leelesh Sundaram for Nathan and Associates For the Respondents : Mr.G.R.Lakshmanan

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ORDER

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(Made by the Hon'ble Chief Justice)

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We have heard Mr.Leelesh Sundaram, learned counsel for the

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petitioner and Mr.G.R.Lakshmanan, learned counsel for the respondents.

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The learned counsel for the respondents-Bank submits that the possession of the subject property has been taken and the keys are also with him.

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In view of the said statement, the petitioner shall remain present at the subject writ site on 09.10.2023 by 12.00 noon. The Authorised Officer of the bank shall remain present at 12.00 noon on 09.10.2023 at the subject writ site and hand over the keys to the petitioner and place the petitioner in possession.

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

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WP No.9513 of 2021

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The writ petition is, accordingly, disposed of. There will be no

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order as to costs.

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(S.V.G., CJ.) (D.B.C., J.) 06.10.2023 Index : Yes/No Neutral Citation : Yes/No

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sra

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The Chief Manager, M/s.Bank of Baroda, (Erstwhile DENA Bank is amalgamated with the Bank of Baroda wef 01.04.2019) Aminjikarai Branch, Aminjikarai, Chennai 600 029.

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The General Manager, Bank of Baroda, Zonal Office, Baroda Pride, New No.41, 3^rd Floor, Luz Church Road, Mylapore, Chennai-04.

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Page 3 of 4

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

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WP No.9513 of 2021

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra)

WP No.9513 of 2021

06.10.2023

Page 4 of 4

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

C.Prabakaran v. The Chief Manager

Case brief

What is this about?

What did the court decide?

C.Prabakaran v. The Chief Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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