Auction purchaser challenged the validity of the borrower's mortgage and sought refund of the auction amount with interest via writ of mandamus. The court found the petition misconceived since no party disputed the mortgage and possession had been handed over; no triable cause of action was disclosed.
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.No.22787 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2025
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
WP No.22787 of 2024
Vs
State Bank of India, DGM Secretariat, 86, Rajaji Salai, Chennai-600 001.
State Bank of India, Customer Relations Department, Madras LHO, 16, College Lane, Chennai-600 006.
Rep by its Chief Manager/ Authorised Officer, Stressed Assets Recovery Branch, Red Cross Building, II Floor, No.32, Red Cross Road, Egmore, Chennai-600 008.
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W.P.No.22787 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India
PRAYER: Petition filed under Article 226 of the Constitution of India rd
seeking issuance of a writ of mandamus directing the 3 respondent to refund the total amount of Rs.1,02,00,000/- (Rupees One Crore and 2 Lakhs) along with 12 percentage interest for the period from 21.7.2021 till realisation of money.
For Petitioner(s): Mr.S.Jeyakumar
For Respondent(s): Mr.M.L.Ganesh
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
This petition is misconceived, in as much as the petitioner is
raising an issue against the validity of the mortgage of the property, which she has purchased through auction.
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W.P.No.22787 of 2024
The petition does not disclose any triable cause of action and
is, therefore, dismissed. There shall be no order as to costs.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 12.12.2025 Index : Yes/No Neutral Citation : Yes/No sasi
To:
State Bank of India, Customer Relations Department, Madras LHO, 16, College Lane, Chennai-600 006.
Stressed Assets Recovery Branch, Red Cross Building, II Floor, No.32, Red Cross Road, Egmore, Chennai-600 008.
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W.P.No.22787 of 2024
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W.P.No.22787 of 2024
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(sasi)
WP No.22787 of 2024
12.12.2025
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1 issue framed by the court
Whether a writ of mandamus could issue directing the bank to refund the auction purchase amount on the ground that the property was not validly mortgaged by the borrower.
1 provisions across 1 enactments
Petitioner (name not printed in judgment text)
The Deputy General Manager, State Bank of India, DGM Secretariat, Chennai
The Assistant General Manager, State Bank of India, Customer Relations Department, Madras LHO, Chennai
The State Bank of India, Rep by its Chief Manager/Authorised Officer, Stressed Assets Recovery Branch, Chennai
Manindra Mohan Shrivastava
G. Arul Murugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
