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Madras High Court

Rajkumar vs The Authorized Officer on 15 November, 2022

Author: R.Mahadevan

Bench: R.Mahadevan, J.Sathya Narayana Prasad

                                                                              W.P(MD)No.24294 of 2022


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 15.11.2022

                                                      CORAM:

                             THE HONOURABLE MR.JUSTICE R.MAHADEVAN
                                              and
                       THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                          W.P(MD)No.24294 of 2022
                                                   and
                                         W.M.P(MD)No.18396 of 2022

                 Rajkumar                                                ... Petitioner

                                                        vs.

                 1.The Authorized Officer,
                   Canara Bank,
                   Palani Branch,
                   Dindigul – Palani Road,
                   Anna Nagar, Palani,
                   Tamil Nadu – 624 601.

                 2.The Branch Manager,
                   Canara Bank,
                   Palani Branch,
                   Dindigul – Palani Road,
                   Anna Nagar, Palani,
                   Tamil Nadu – 624 601.                                 ... Respondents


                 PRAYER : Writ Petition filed under Article 226 of the Constitution of India
                 praying for issuance of a Writ of Certiorari, to call for the records relating to
                 the       impugned   sale   notice   bearing   No.Ref.1018261005589,         dated
                 20.09.2022 issued by the first respondent and quash the same.



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https://www.mhc.tn.gov.in/judis
                                                                                 W.P(MD)No.24294 of 2022


                                  For Petitioner      : Mr.M.Vallinayagam
                                                           Senior Counsel
                                                           for Mr.M.Gnanagurunathan

                                  For Respondents     : Mr.N.Dilip Kumar

                                                         ORDER

(Order of the Court was made by R.MAHADEVAN, J.) Challenging the impugned sale notice, dated 20.09.2022 issued by the first respondent, the petitioner has filed the present Writ Petition.

2. Today, when the matter was taken up for hearing, the learned Senior Counsel appearing for the petitioner submitted that the petitioner has complied with the conditional interim order, dated 20.10.2022 passed by this Court and he is inclined to submit OTS proposal to the respondent Bank and the same may be directed to be considered by the respondent Bank within a time frame to be fixed by this Court.

3. The learned counsel appearing for the respondents Bank submitted that instead of approaching the Branch Office, the petitioner may be directed to approach the Circle Office of the respondent with such proposal.

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https://www.mhc.tn.gov.in/judis W.P(MD)No.24294 of 2022

4. Though this Court cannot issue any positive direction to the respondent Bank to consider the OTS proposal of the petitioner, in view of the submission of the learned counsel appearing for the respondents, the petitioner may submit his OTS proposal to the circle office of the respondent Bank within a period of two weeks from the date of receipt of a copy of this order and the same may be considered by the circle office of the respondent Bank as per the RBI norms within a period of four weeks thereafter. Till such time, the parties are directed to maintain status quo as on date.

5. Accordingly, this Writ Petition is disposed of. No costs.

Consequently, connected Miscellaneous Petition is closed.

                                                         [R.M.D.,J.]    [J.S.N.P.,J.]
                 Index    : Yes / No                             15.11.2022
                 Internet : Yes
                 ps




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https://www.mhc.tn.gov.in/judis W.P(MD)No.24294 of 2022 To

1.The Authorized Officer, Canara Bank, Palani Branch, Dindigul – Palani Road, Anna Nagar, Palani, Tamil Nadu – 624 601.

2.The Branch Manager, Canara Bank, Palani Branch, Dindigul – Palani Road, Anna Nagar, Palani, Tamil Nadu – 624 601.

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https://www.mhc.tn.gov.in/judis W.P(MD)No.24294 of 2022 R.MAHADEVAN,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN W.P(MD)No.24294 of 2022 DATED : 15.11.2022 5/5 https://www.mhc.tn.gov.in/judis