1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.P.(MD)No.9015 of 2011 and M.P.(MD)No.1 of 2011 Nirmala Samuel ... Petitioner Vs. The Authorised Officer, Indian Bank, Zonal Office, 359, Dr.Nanjappa Road, Coimbatore 641 018. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondent from proceeding further pursuant to auction cum sale notice dated 20.05.2011. For Petitioner : Mr.J.Maria Roseline For Respondent : Mrs.Rita Chandrasekar O R D E R (Order of the Court was made by P.JYOTHIMANI,J.) Mrs.Rita Chandrasekar, learned counsel takes notice for the respondent. By consent, the Writ petition itself is taken up for final hearing. 2.This Writ petition is filed to forbear the respondent from further proceedings pursuant to the auction cum sale notice dated 20.05.2011. 3.It appears that after such notice was issued, the petitioner has approached the Debt Recovery Tribunal, Madurai and the petitioner was directed to pay the amounts in instalments. It is seen that the first instalment of Rs.15 Lakhs was already paid on 30.05.2011 and the 2nd instalment of Rs.15 Lakhs was directed to be paid on or before 21.07.2011. Since the petitioner was unable to pay the 2nd instalment amount due to various personal reasons, she has approached the Tribunal by filing an application for extension of time for payment of the 2nd instalment. The Tribunal by the order dated 18.07.2011 has extended the time for payment of the 2nd instalment of Rs.15 Lakhs on or before 11.08.2011 and directed to post the case for further proceedings on 24.08.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The case of the petitioner is that she is suffering from Tuberculosis and she is able to mobiles only Rs.5 Lakhs as on date and hence, she is unable to pay the 2nd instalment of Rs.15 Lakhs on 11.08.2011. Therefore, she seeks further extension of time for payment of the 2nd instalment. 5.Considering the above said facts and circumstances of the case and taking note of the fact that the first instalment of Rs.15 Lakhs has already been paid by the petitioner and also taking note of the fact that there is no sitting of the Tribunal today (11.07.2011), we are of the view that further time be granted to the petitioner to comply with the order passed by the Tribunal. 6.Accordingly, we modify the order of the Tribunal dated 11.07.2011, directing the petitioner to pay the conditional amount of Rs.15 Lakhs being the 2nd instalment on or before 18.08.2011, failing which, the Tribunal will take appropriate action on 24.08.2011, which is the original date of hearing. The Writ petition is disposed of. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Authorised Officer, Indian Bank, Zonal Office, 359, Dr.Nanjappa Road, Coimbatore 641 018. 2.The Presiding Officer, Debt Recovery Tribunal, Madurai +1cc to M/s.Sri Balaji, Advocate SR.No.27205 +1cc to M/s.Aiyar & Dolia, Advocates Sr.No.27330 nbj ssk/11.08.2011 /5c-2p/- W.P.(MD)No.9015 of 2011 11.08.2011 https://hcservices.ecourts.gov.in/hcservices/