W.P.(MD) Nos.26262 & 27246 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

AND

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.P.(MD)Nos.26262 & 27246 of 2022

and

W.M.P.(MD)Nos.20435, 20562, 21383 and 21384 of 2022

R.Sundarrajan

... Petitioner in both W.Ps.

-Vs-

1.M/s.Punjab National Bank,

Represented by its Zonal Sastra Head,

No.46-49, 4^th Floor,

PNB Towers, Royapettah High Road,

Chennai-14.

2.The Manager,

Punjab National Bank,

(E-United Bank of India),

Beema Nagar Branch, Trichy-620001.

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W.P.(MD) Nos.26262 & 27246 of 2022

3.The Authorized Officer,

Punjab National Bank,

Circular Officer, Trichy-Thanjavur Road,

Kailashapuram, Trichy-620014.

4.The Sub-Registrar,

Melakarur Sub-Registrar Office,

G.H.Road, Karur District.

5.Chandrasekar

... Respondents in both W.Ps.

PRAYER in W.P.(MD)No.26262 of 2022: Petition filed under Article 226 of

the Constitution of India, to issue a Writ of Mandamus, directing the respondents

1 to 4 to give effect the payment schedule as provided in the letter of the 1^st

respondent dated 25.10.2022 by considering his subsequent communication

through Whats-app to the 2^nd respondent.

PRAYER in W.P.(MD)No.27246 of 2022: Petition filed under Article 226 of

the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for

the records pertaining to the impugned sale certificate issued by the 1^st

respondent dated 05.11.2022 and quash the same as illegal and consequently, to

permit the petitioner to comply with the OTS proposal dated 25.10.2022.

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W.P.(MD) Nos.26262 & 27246 of 2022

For Petitioner

: Mr.C.M.Arumugam

For R1 to R3

: Mr.Ananth C.Rajesh

For R4

: Mr.S.Shanmugavel,

Additional Government Pleader

For R5

: MR.B.S.Meltiue

(in both W.Ps.)

COMMON ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.]

W.P.(MD)No.26262 of 2022 is filed seeking issuance of a Writ of

Mandamus, to direct the respondents 1 to 4 to give effect to the payment

schedule as provided in the letter of the 1^st respondent dated 25.10.2022 by

considering his subsequent communication through Whats-app to the 2^nd

respondent.

2.Challenging the sale certificate issued by the 1^st respondent dated

05.11.2022, W.P.(MD)No.27246 of 2022 is filed with a consequential direction

to permit the petitioner to comply with the OTS proposal dated 25.10.2022.

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W.P.(MD) Nos.26262 & 27246 of 2022

3.Today, when the matter was taken up for hearing, the learned counsel

appearing for the respondent Bank submitted that the conditional interim order

of this Court dated 01.12.2022 made in W.P.(MD)No.27246 of 2022 has not

been complied with by the petitioner.

4.In view of the above, we are of the view that the petitioner has to

approach the Debts Recovery Tribunal by filing an appeal and workout his

remedy in accordance with law.

5.At this juncture, it would be relevant to refer the following

decisions:-

“(i)In United Bank of India v. Satyawati Tondon, (2010) 8 SCC

110, the Hon'ble Supreme Court has held as follows:-

"42. There is another reason why the impugned order should

be set aside. If Respondent 1 had any tangible grievance against the

notice issued under Section 13(4) or action taken under Section 14,

then she could have availed remedy by filing an application under

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W.P.(MD) Nos.26262 & 27246 of 2022

Section 17(1). The expression "any person" used in Section 17(1) is

of wide import. It takes within its fold, not only the borrower but

also the guarantor or any other person who may be affected by the

action taken under Section 13(4) or Section 14. Both, the Tribunal

and the Appellate Tribunal are empowered to pass interim orders

under Sections 17 and 18 and are required to decide the matters

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