Subhash Chand Jain v. the Authorised Officer
Case brief
What is this about?
W.P.No.19264 of 2024, High Court of Judicature at Madras, decided 02.01.2025; Coram: K.R.Shriram, C.J. and Senthilkumar Ramamoorthy, J. Purchaser of mortgaged properties (sale certificates document Nos.1796 and 1797 of 2012, SRO Periamet; document No.470 of 2013, Thiyagaraya Nagar) from DBS Bank (formerly Laxmi Vilas Bank) sought refund of Rs.3,17,68,380/- with 12% interest for delayed possession. Bank undertook to hand over vacant and peaceful possession of all three flats; petition disposed of with rights and contentions (including damages claim) kept open; no costs. Keywords: writ of mandamus, Article 226, sale certificate, possession, undertaking, refund.
What did the court decide?
Petition disposed of on the basis of the bank's undertaking to hand over vacant and peaceful possession of all the properties by the next day; the prayer for refund of Rs.3,17,68,380/- with 12% interest was not granted; rights and contentions of the parties, including any claim for damages, were kept open; no order as to costs.