The Madurai Bench dismissed a writ petition challenging a bank sale notice as infructuous because prior stay orders were not complied with in full, preventing the sale from taking place.
The writ petition was dismissed as having become infructuous.
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.5060 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.5060 of 2023 and
W.M.P.(MD)Nos.4747 and 4748 of 2023
S.Paulpandi
... Petitioner
-vs-
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned sale notice dated 21.02.2023 of the 1st respondent bank in respect of the petitioner's property of an extent of 6 Acres 57 cents situate at S.No.280/3, 280/1A, B, 280/2A, E.B,C.D.H.F.G.I.L.M, 2804A, B in patta No.1378, present patta No.1490, Peraiyur SRO, Mathakarai Village, T.Kallupatti
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W.P.(MD)No.5060 of 2023 Panchayat Union, Peraiyur Taluk, Madurai South RD, Madurai District and an extent of 54 cents of agricultural punja land in R.S.No.280/2J, 280/2K as per patta No.1378 in S.No.280/2 at Peraiyur SRO, Mathakarai Village, T.Kallupatti Panchayat Union, Peraiyur Taluk, Madurai South RD, Madurai District and quash the same.
For Petitioner : M/s.A.L.Gandhimathi, For Mr.C.Mahadevan
For Respondents : Mr.T.Thevan, For A.R.M. Ramesh
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
The challenge in this writ petition is to the sale notice dated 21.02.2023, issued by the bank. By an order dated 09.03.2023, while staying the auction, we have required the petitioner to deposit the sum of Rs.10,00,000/- (Rupees Ten Lakhs only) before the date of auction, that is on 13.03.2023 and a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) on or before 30.03.2023.
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W.P.(MD)No.5060 of 2023
in the second sale.
[R.S.M., J.] [L.V.G., J.] 28.08.2024
NCC : Yes/No Index : Yes/No Internet : Yes Sml / Mrn
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W.P.(MD)No.5060 of 2023 R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Sml / Mrn
W.P.(MD)No.5060 of 2023
28.08.2024
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S. Paulpandi
The Authorized Officer, Tamilnad Mercantile Bank, Madurai Simmakkal Branch
Tamilnad Mercantile Bank, Rep. by its Branch Manager, Madurai Simmakkal Branch
R. Subramanian
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
