1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 28..06..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.1984 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Smt. Ponmudi, W/o. V. Srinivasagan, T.B.Road, No.196, Naicker Mal Street, Sattur Town, Virudhunagar District. ..... Petitioner - Vs - 1. The Recovery Officer, Debt Recovery Tribunal, 3rd and 4th Floor, Kalyani Towers, 4/162, Madurai - Melur Road, Uthangudi, Madurai. 2. The Branch Manager, Indian Bank, 4/87, Shiv Market, Rajwada, Indore - 452 004. 3. The Chief Manager, Indian Bank, ARMB, 100 East Avani Street, Madurai - 1. 4. Ghanshyam Das Agarval, Proprietor of Ghanshyam Das Bhikamchand, No.226, Chandpol Bazar, Jaipur, Rajasthan State. (R-4 Impleaded as party respondent vide order dated 30.03.2011 in M.P.(MD)No.3 of 2011) ......Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the impugned Tender Cum Auction Notice made in D.R.C.No.136/2005/RP No.122/2010 dated 19.01.2011 on the file of the first respondent and to quash the same. For Petitioner :: Mr. M. Thirunavukkarasu For Respondents :: Mr. M. Suresh Kumar for R-2 and R-3 O R D E R (Order of the Court was delivered by K. SUGUNA, J.) The petitioner has filed this writ petition challenging the Tender - cum - Auction Notice of the first respondent made in D.R.C.No.136/2005/R.P.No.122/2010 dated 19.01.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The case of the petitioner is that she had purchased the property in question by a Sale Deed dated 29.04.1998 and subsequent to the purchase, she has paid the property tax. According to the learned counsel appearing for the petitioner, the petitioner subsequently is given to understand about the pendency of the issue relating to the property in question between the respondents / Bank and her vendor. However, the Debts Recovery Tribunal, Coimbatore has passed an order on 25.03.2001. In pursuance of the said order, the Tender - cum - Auction Notice has been issued. Hence, this Writ Petition. 3. During the pendency of this writ petition, the respondent bank has issued a letter dated 01.03.2011 to the petitioner herein, which is extracted hereunder:- "Anent the above, we wish to bring to your kind attention that the auction for the subject property was conducted by The Recovery Officer, DRT, Madurai and concluded the sale for Rs.41,00,125/- on 24.02.2011 itself. The successful bidder also remitted the 25% of the sale amount on the same day. As the sale could not be confirmed as per the High Court direction, the RO has given the time to the bidder to pay the balance amount and not confirmed the sale. In this situation, we are unable to consider your request to accept our earlier one time settlement sanction given to the borrower with interest for full settlement of the account. If you are willing to pay not less than the above auctioned amount of Rs.41,00,125/- within the stipulated time, we will take up the matter with the concerned authorities to do the needful". 4. According to the learned counsel appearing for the petitioner, in pursuance of the above said letter, the petitioner had paid a sum of Rs.41,04,500/-. According to the learned counsel appearing for the respondents / Bank, in view of the above said payment made by the petitioner, the respondents / Bank is willing to withdraw the Tender - cum - Auction Notice. 5. Though the successful bidder in the auction conducted has been impleaded as a party respondent and notice has been served on him, and in spite of his name being printed in the cause list, there is no representation for the successful bidder viz., the fourth respondent either through counsel or in person. 6. Taking note of the above said payment made by the petitioner to the respondents / Bank and in view of the statement made by the learned counsel appearing for the respondents / Bank that on accepting the payment of Rs.41,04,500/-, the Bank is willing to withdraw the Tender - cum - Auction Notice of the first respondent made in D.R.C.No.136/2005/R.P.No.122/2010 dated 19.01.2011, the petitioner is at liberty to approach the respondents / Bank and it is for the respondents / Bank to decide the finality of the issue. https://hcservices.ecourts.gov.in/hcservices/ 3 7. With the above said observation, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected M.P.(MD)Nos.1 and 2 of 2011 are closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To, 1. The Recovery Officer, Debts Recovery Tribunal, 3rd & 4th Floor, Kalyani Towers, 4/162, Madurai, Melur Road, Uthangudi, Madurai 2. The Branch Manager, Indian Bank, 4/84 Shiv Market, Rajwada, Indore 452 004 3. The Chief Manager, Indian Bank, ARMB, 100, East Avani Street, Madurai +1cc to Mr.M.Thirunavukkarasu, Advocate, SR.NO.20581 +1cc to Mr.Aaiyar and Dolia, Advocate, SR.No.20581 Dpn GH : 07.07.2011 : 3p/6c Writ Petition (MD)No.1984 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 https://hcservices.ecourts.gov.in/hcservices/