Navamani vs The Authorized Officer
2022 Latest Caselaw 1302 Mad

                                                                            C.R.P(MD)No.2106 of 2021


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 27.01.2022

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                    and
                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                             C.R.P(MD)No.2106 of 2021
                                                       and
                                            C.M.P(MD)No.11153 of 2021

                 Navamani                                    ... Petitioner/Appellant

                                                       Vs.

                 The Authorized Officer,
                 Canara Bank,
                 Nazareth Branch,
                 Nazareth,
                 Tuticorin District.                         ... Respondent/Defendant



                 PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
                 of India, to set aside the order passed by the Debts Recovery Tribunal,
                 Madurai in S.A(SR)No.8466 of 2021, dated 16.12.2021 and direct the
                 Debts Recovery Tribunal, Madurai to number the SARFAESI Application
                 and dispose the same on merits and allow the present Civil Revision
                 Petition.

                                     For Petitioner    : Mr.R.Subramanian
                                     For Respondent    : Mr.N.Dilip Kumar




                 1/4

https://www.mhc.tn.gov.in/judis
                                                                             C.R.P(MD)No.2106 of 2021



                                                       ORDER

[Order of this Court was made by DR.G.JAYACHANDRAN,J.

The conditional order passed by this Court, dated 23.12.2021 has not

been complied with.

2. The learned counsel for the petitioner state that the principal

borrower, who is the son of the petitioner, died and the auction proceedings

initiated against the dead person.

3.It is now stated by the learned counsel for the respondent/Bank

that the auction scheduled on 31.12.2021 did not fructify since there was

no bidder. In the above said subsequent development, this Court finds that

there is no purpose in keeping the Civil Revision Petition pending and it is

always open to the petitioner herein to clear the due before the next

auction and retain the property, if she so desires.

4. If the principal borrowed is dead, his mother, the petitioner herein

is directed to furnish the particulars of the legal heirs of her son within a

period of one week from the date of receipt of a copy of this order for the

Bank to take appropriate steps for recovery.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2106 of 2021

5. With this observation, this Civil Revision Petition is disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                      [S.V.N.,J.]     [G.J.,J.]
                                                                            27.01.2022
                 Index    : Yes / No
                 Internet : Yes / No

                 am

                 To
                 The Debts Recovery Tribunal,
                 Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2106 of 2021

S.VAIDYANATHAN, J.

and DR.G.JAYACHANDRAN, J.

am

JUDGMENT MADE IN C.R.P(MD)No.2106 of 2021

27.01.2022

https://www.mhc.tn.gov.in/judis