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2020 Supreme(Mad) 700

M.M.SUNDRESH, R.HEMALATHA
Amal Peterson – Appellant
Versus
Authorized Officer, Tamilnadu Mercantile Bank Ltd. , Tirunelveli – Respondent


Advocate Appeared:
For the Appellant :A.V. Arun, Advocate.
For the Respondents:P. Sugumaran, V. Chandrasekaran, Standing Counsel, AR.L. Sundaresan, Senior Counsel for M/s. AL. Ganthimathi, Advocates.

JUDGMENT :

M.M. Sundresh, J.

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the communication e mail dated 02.05.2020 sent by the Branch Head, Alangulam Branch, Tamilnadu Mercantile Bank Pvt. Ltd., the second respondent and quash the same and direct the respondents to extend the period for payment of balance amount by 45 days for the sale of the item 2 of the property under sale notice dated 13.01.2020 issued by the first respondent.)

1. In Periyar Pathai, Puliyur Village, Choolaimedu, Egmore, Nungambakkam (TK), Chennai, a land with an extent of 2400 sq ft., situated at old T.S.No.127 and 129, New T.S.No.129/4 pt was brought up for auction by the respondents on 03.02.2020 with the reserve price of Rs.1,50,00,000/- (Rupees One Crore and Fifty Lakhs only). The petitioner took part in the auction held on 03.02.2020 offering to bid for a sum of Rs.1,70,00,000/- (Rupees One Crore and Seventy Lakhs only). The following is the relevant terms and conditions governing the parties:-

    “5. The successful bidder shall deposit the balance seventy five percent (75%) of the bid amount within 1

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