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ABDUL QUDDHOSE, S. SRIMATHY
M. Mohamed Izathin – Appellant
Versus
Authorized Officer/Assistant General Manager, Tamilnadu Marcantile Bank Ltd. , Madurai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned auction notice issued by the second respondent in Daily News Paper dated 25.04.2022 by fixing the auction on 27.05.2022 and quash the same as illegal.)
S. Srimathy, J.
1. This Writ Petition has been filed challenging the impugned auction notice issued by the second respondent in Daily News Paper dated 25.04.2022 by fixing the date of auction on 27.05.2022.
2. The brief facts of the case are that the petitioner was the absolute owner of the immovable properties, namely, a house site measuring 460.00 Sq.ft. at Natham Survey No.21/3, Bazar Street, E.C.Road, Chanthirampattinam Village, Aduvayarkovil Panchayat Union, Mimisal Panchayat, Avudaiyarkovil Taluk, Pudukottai District along with a building bearing Door No.825 constructed in an extent of 400 Sq.ft. and a building site measuring 3,525 Sq.ft. in Pudukottai District along with a building constructed thereon bearing Door No.747 constructed in an area of 1,430 Sq.ft.
3. The contention of the petitioner is that his father, namely, Mohamed Salih is the Propri
The court may grant an extension of time for payment based on the petitioner's efforts and the value of the mortgaged properties.
Court dismisses petition for extension of auction payment deadline as the issue became infructuous.
The main legal point established in the judgment is the validity of the award against the petitioner and the direction for the petitioner to seek waiver of penal interest through a fresh representati....
Compliance with statutory notice requirements is imperative in mortgage auctions; failures may invalidate the sale, preserving the mortgagor's right of redemption until formal sale registration.
The court has the discretion to provide directions for deferment of sale proceedings and allow the petitioner to seek relief under RBI guidelines.
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