Disposed

Mrs.Sudha Mohanraj v. the Presiding Officer

Madras HC13 Feb 2024WP/2432/2024

Case brief

AI extract

What is this about?

Petitioner sought extension of time to deposit the balance directed by the Debts Recovery Tribunal in a SARFAESI-related matter after already depositing part of the amount. The court declined to decide merits and permitted completion of the deposit within two weeks without prejudice to parties' rights.

What did the court decide?

Two weeks' time granted to complete the deposit of Rs.3.68 crore ordered by the DRT, without prejudice to the parties' rights; W.M.P.Nos.2645 and 2654 of 2024 closed.

Mrs.Sudha Mohanraj Vs the Presiding Officer — Banking and Recovery | Madras HC (2024)

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W.P.No.2432 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.02.2024

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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

W.P.No.2432 of 2024

Sudha Mohanraj

.. Petitioner

Vs.

The Presiding Officer Debts Recovery Tribunal Coimbatore.

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Union of India Rep. by Punjab National Bank Mild Corporate Centre – Coimbatore No.109, Sarojini Street Ram Nagar Coimbatore 641 009.

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The Joint I Sub Registrar Coimbatore North, Coimbatore.

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A.Kaniraj .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records on the file of the 1^st respondent in his proceedings cum order passed in S.A.(N.D.N) No.1563/2023 dated 18.01.2024 and quash the same as illegal and null and void.

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

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W.P.No.2432 of 2024

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For the Petitioner : Mr.S.Venkatesh For the Respondents : Mrs.S.R.Sumathy for Respondent-2

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Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.Abishek Murthy Government Advocate for Respondent-3

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Mr.S.Gopi for Respondent-4

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ORDER

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(Made by the Hon'ble Chief Justice)

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We have heard Mr.S.Venkatesh, learned counsel for the petitioner, Mrs.S.R.Sumathy, learned counsel for the second respondent, Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.Abishek Murthy, learned Government Advocate for the third respondent and Mr.S.Gopi, learned counsel for the fourth respondent.

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Learned counsel for the petitioner submits that he has filed

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

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W.P.No.2432 of 2024

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this writ petition for a limited purpose, i.e., seeking extension of time to deposit the remaining amount, as directed by the Debts Recovery Tribunal under order dated 18.01.2024 in S.A.(N.D.N.) No.1563 of 2023.

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Learned counsel for the bank and the auction purchaser submit that even the sale certificate is registered and the petitioner does not have right of redemption.

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We are not considering the merits of the matter. The contention of the petitioner is that two weeks further time be granted to deposit Rs.90 lakh. He has deposited Rs.2.70 crore. He seeks extension of time to deposit, as directed under order dated 18.01.2024.

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In the light of the above, we pass the following order:

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(i) The petitioner shall deposit the amount of

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Rs.3.68 crore (Rupees three crore and sixty eight lakh only), as directed under order dated 18.01.2024 in

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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.No.2432 of 2024

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S.A.No.1563 of 2023 within two weeks from today;

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(ii) As the petitioner has already deposited Rs.2.70

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crore (Rupees two crore and seventy lakh), the remaining amount, so as to make it Rs.3.68 crore (Rupees three crore and sixty eight lakh only), shall be deposited within two weeks from today; and

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(iii) The above deposit shall be without prejudice

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to the rights and contentions of the parties.

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It is made clear that by extension of time to deposit the amount, we have not decided the rights of the parties nor dealt with the merits of the contention.

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The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.2645 and 2654 of 2024 are closed.

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(S.V.G., CJ.) (D.B.C., J.)

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13.02.2024

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Index : Yes/No

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

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W.P.No.2432 of 2024

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Neutral Citation : Yes/No kpl

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The Presiding Officer Debts Recovery Tribunal Coimbatore.

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Punjab National Bank Mild Corporate Centre – Coimbatore No.109, Sarojini Street Ram Nagar, Coimbatore 641 009.

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The Joint I Sub Registrar Coimbatore North, Coimbatore.

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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.No.2432 of 2024

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

(kpl)

W.P.No.2432 of 2024

13.02.2024

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

Mrs.Sudha Mohanraj v. the Presiding Officer

Case brief

What is this about?

What did the court decide?

Mrs.Sudha Mohanraj v. the Presiding Officer

Case brief

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What did the court decide?

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