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2018 Supreme(Mad) 484

S.MANIKUMAR, T.RAVINDRAN
K. Umayar Thangam – Appellant
Versus
Indiabulls Housing Finance Ltd. , Rep. by its Authorised Officer – Respondent


Advocates Appeared:
For the Petitioner:M. Rajasekhar, Advocate.
For the Respondents:C. Uma Shankar, Advocate.

JUDGMENT :

S. Manikumar, J.

1. Petitioner/auction purchaser, has contended that when India Bulls Housing Finance Ltd., Chennai, first respondent, brought the subject property for auction, on 30/9/2015, he was declared as highest bidder in the auction, for a bid amount Rs.1,25,50,000/-. Auction was confirmed, on 31/10/2015. He paid a sum of Rs.31,37,500/- towards 25% of the sale price towards EMD. Due to ill health, he could not pay the balance amount and sought for extension of time upto 25/3/2006. Bank did not agree and brought the subject property once again, for auction, by issuing e-auction notice, dated undated fixing the auction, on 30/7/2016. Reserve price for the auction has been fixed at Rs.1,25,00,000/-.

2. On the above facts, the petitioner has prayed for a writ of certiorarified mandamus, to quash the e-auction, issued by the first respondent, undated vide Online Auction, https://eauction.npasource.com and consequently, direct the first respondent to allot the property viz., bearing Plot No.23 to an extent of 3 grounds (7200 sq.ft) comprised in New Survey No.160/1A2, 160/2A2 and 166/3A4, as per patta bearing No.3134 situated at Paradise farm Land, Sholinganallur Village, T












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