Dismissed¶21

M.Naagoor Kani v. Tamil Nadu Mercantile Bank Ltd.

Madras HC26 Feb 2025WP/20386/2024

Case brief

AI extract

What is this about?

Writ petition dismissed; Article 226 writ jurisdiction; mandamus against bank refused; auction sale balance bid amount Rs. 25,53,000; extension of time for payment; execution of sale deed; Tamil Nadu Mercantile Bank Ltd Coimbatore; 90-day bar after confirmation of sale; payment already made 30.07.2024; confirmation of sale or refund left to parties; no costs; interim application disposed; Madras High Court; K.R. Shriram CJ; Mohammed Shaffiq J.

What did the court decide?

The relief sought in the writ petition cannot come within the writ jurisdiction of the Court under Article 226 of the Constitution of India, and the petition is therefore dismissed. ¶21

M.Naagoor Kani Vs Tamil Nadu Mercantile Bank Ltd. — Writ and Judicial Review | Madras HC (2025)

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W.P.No.20386 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.02.2025

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CORAM

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

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W.P.No.20386 of 2024 and WMP No.33934 of 2024

M.Naagoor Kani

: Petitioner

Tamil Nadu Mercantile Bank Ltd Coimbatore Regional Office D.No. 540, 1st Floor, D.B.Road R.S.Puram, Coimbatore -64100 rep. by Authorised Officer

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: Respondent

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent bank to extend the time for payment of balance bid amount of Rs. 25,53,000/-(Rupees Twenty Five Lakh Fifty Three Thousand Only) and accept the balance bid amount from the petitioner and execute the sale deed for the property admeasuring the property ad-measuring 840 Sq.Ft comprised in R.S.No. 105/1 Site No.6 Along with the building constructed situated at Rajarathinam Nagar, Kumarapalayam Village, Coimbatore District in favour of petitioner.

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For Petitioner : Mr.R.Rajarajan For Respondent : Mr.V.Chandrasekaran

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Page 1 of 4

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

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W.P.No.20386 of 2024

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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Considering the nature of relief sought, this Court is of the view that the same cannot come within the writ jurisdiction of this Court under Article 226 of the Constitution of India. We therefore dismiss the petition.

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At the same time, Mr.Rajarajan states that the balance amount of Rs.25,53,000/- has already been paid to the bank on or about 30.07.2024, in view of the bank not expressing serious objection, as recorded in the order dated 25.07.2024.

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Mr.V.Chandrasekaran for the bank states that there is a bar to accept payments after the expiry of 90 days from the date of confirmation of sale and therefore, the bank's hands are tied. Nevertheless, counsel states that he shall instruct the bank to see how to close the deal because bank itself is finding it difficult to find other buyers.

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Page 2 of 4

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

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W.P.No.20386 of 2024

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