This disposition disposes of a writ petition challenging a bank's auction notice. Noting pendency of SARFAESI proceedings, the court directed the bank to de-seal premises upon payment of a sum, disposing of the petition without costs.
Direction to bank to de-seal premises upon payment of Rs.2 lakhs within two months.
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) No.6843 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.06.2023
CORAM:
THE HON'BLE MR .R.SUBRAMANIAN and
THE HON'BLE Mrs.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.6843 of 2023 and WMP(MD) No.6397 of 2023
Manikandan
... Petitioner
-vs-
3.The Authorised Officer, PNB Housing Finance Limited, No.48 Nandhini Building 3rd Floor, Bye Pass Road Madurai 625 010. ... Respondents
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W.P.(MD) No.6843 of 2023
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned E-auction sale notice Ref.No.PNBHFL/PSN/ROTN/FEB/FY. 2023-24/01, dated 22.02.2023 issued by the 1st respondent herein in under Rule 8(5) read with proviso to Rule 8 clause (6) of the Security Interest (Endorcement) Rules, 2002 and quash the same as illegal and consequently direct the respondents not to conduct the e-auction on 29.03.2023.
For Petitioner : Ms.A.Banumathi For Respondents : Mr.I.Suthakaran
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
The fact that the earlier sale notice has been challenged in SA No.81/2023 before the Debts Recovery Tribunal and pendency of the same is admitted. It is also admitted that the conditional order dated 18.02.2022 made in SA No.81/2022 has been complied with and the Securitization Application is pending before the Debts Recovery Tribunal. Though the Debts Recovery Tribunal has granted only stay of confirmation of the sale, we do not think that they would permit the bank to issue a fresh sale notice and deal with the property of the debtor, when the SARFAESI application is pending and there is an interim order.
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W.P.(MD) No.6843 of 2023
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W.P.(MD) No.6843 of 2023
months, the bank will be at liberty to reseal the premises without reference to this
Court or the Chief Judicial Magistrate Court.
consequently connected Miscellaneous Petition is closed.
[R.S.M, J.] [L.V.G, J.] 28.06.2023
NCC : Yes / No Index : Yes / No
RR
Page 4 of 5
W.P.(MD) No.6843 of 2023
R.SUBRAMANIAN, J. AND L.VICTORIA GOWRI, J.
RR
W.P.(MD)No.6843 of 2023
28.06.2023
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2 issues framed by the court
Whether the writ petition challenging the impugned auction sale notice should be allowed considering the pending SARFAESI application.
Whether the petitioner is entitled to relief regarding the sealing of premises.
2 provisions across 2 enactments
Manikandan
The Authorized Officer, PNB Housing Finance Limited
PNB Housing Finance Limited
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
