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S. S. SUNDAR, S. SRIMATHY
Amuthavalli – Appellant
Versus
Authorised Officer, City Union Bank Ltd. , Thanjavur – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned tender cum auction sale notice, dated 02.08.2022 issued by the first respondent and to quash the same as illegal.)
S.S. Sundar, J.
1. This Writ Petition is filed for issuance of a Writ of Certioari to quash the impugned tender cum auction sale notice, dated 02.08.2022 issued by the first respondent.
2. Heard Mr.T.Veerakumar, learned Counsel for the petitioner and Mr.Pandivel, learned Counsel, who takes notice on behalf of the respondents. By consent of both parties, the present Writ Petition is taken up for final disposal at admission stage.
3. The learned Counsel for the petitioner states that the petitioner is prepared to reduce the liability by 25%, provided the respondent defer the further proceedings pursuant to the impugned sale notice.
4. The learned Counsel for the respondent bank states that the total outstanding amount as on date is around Rs.38,28,754/-. The learned Counsel for the respondent bank has serious objection to entertain this Writ Petition mainly on the ground that the Writ Petitioner has committed default
The court has the discretion to provide directions for deferment of sale proceedings and allow the petitioner to seek relief under RBI guidelines.
Invoking jurisdiction under Article 226 of the Constitution of India in the circumstances of a pending SARFAESI Application before the Debts Recovery Tribunal would amount to an abuse of process of c....
The court found that it would not be proper to entertain the petition challenging the auction sale notice at this stage.
The court has the authority to provide directions to the respondent bank regarding the deferment of sale or action pursuant to the possession notice, and the petitioner can submit a representation fo....
The court may grant an extension of time for payment based on the petitioner's efforts and the value of the mortgaged properties.
The court's intervention due to the absence of a Judicial Member in the Debts Recovery Tribunal and the grant of interim protection to the petitioner based on specific payment conditions.
The court ruled that once the loan is cleared and the property returned, the writ petition is moot.
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