Madras High Court
Asan Kuthoos vs The Authorised Officer/Chief Manager on 10 October, 2022
Author: R.Mahadevan
Bench: R.Mahadevan, J.Sathya Narayana Prasad
W.P(MD)No.11874 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.11874 of 2022
and W.M.P(MD) No.8437 of 2022
Asan Kuthoos ... Petitioner
vs.
1.The Authorised Officer/Chief Manager,
State Bank of India,
Periyakulam Branch,
P.B.No.3, Vaigai Dam Road,
Thenkarai, Periyakulam,
Theni District – 626 501.
2.The Branch Manager,
State Bank of India,
Periyakulam Branch,
P.B.No.3, Vaigai Dam Road,
Thenkarai, Periyakulam,
Theni District – 626 501. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for the issue of a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned E-Auction Sale Notice dated 19.05.2022
issued by the first respondent and to quash the same as contrary to the
mandatory requirements of the SARFAESI Act and the Security Interest
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.11874 of 2022
(Enforcement) Rules, 2002 and consequently direct the respondents not to
take any further action against my property in furtherance of the impugned
E-Auction Sale Notice dated 19.05.2022, either by trying to dispossess
petitioner or sell the same or any other act, which will be detrimental to
petitioner right and interest.
For Petitioner : Mr.M.R.Sreenivasan
For Respondents : Mr.V.P.Rajan for R2
ORDER
(Order of the Court was made by R.MAHADEVAN, J.) Challenging the E-Auction sale notice dated 19.05.2022, issued by the first respondent – Bank, this writ petition has been filed.
2.Today, when the writ petition was taken up for hearing, the learned counsel for the petitioner submitted that as per the sale notice, the sale had not taken place and hence, this Writ Petition may be disposed of with a direction to the respondents to consider the OTS proposal, which will be submitted by the petitioner in the manner known to law. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.11874 of 2022
3. In reply, the learned Standing Counsel appearing for the second respondent submitted that the respondent – Bank will consider the OTS proposal of the petitioner on merits and in accordance with law.
4.Recording the above submissions and considering the factual matrix, this Writ Petition is disposed of with a direction to the respondents to consider the OTS proposal of the petitioner to be submitted by him on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
[R.M.D.,J.] & [J.S.N.P.,J.]
10.10.2022
Index : Yes / No
Internet : Yes
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https://www.mhc.tn.gov.in/judis W.P(MD)No.11874 of 2022 R.MAHADEVAN,J.
and J.SATHYA NARAYANA PRASAD,J.
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