1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 08..06..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.1940 of 2011 and M.P.(MD)No.1 of 2011 A. Zahir Hussain, S/o. Abdul Rahim, No.18, Jamaludin Makkan Street, Palakarai, Trichy. ..Petitioner - Vs - 1. The Recovery Officer, Debt Recovery Tribunal 2. The Recovery Inspector, Debt Recovery Tribunal (Respondents 1 and 2 having office at 4/162, Kalyani Towers, Melur Road, Uthangudi, Madurai) 3. The Branch Manager, Central Bank of India, Cantonment Branch, Trichy. 4. K. Jamruth, W/o. B.E.Kasim 5. S.M.D. Sheriff, S/o. Not known Respondents 4 and 5 are residing at No.50, Thiruvalluvar Street, R.M.S.Colony, E. Pudur, Trichy. 6. S. M. Haja Moideen S/o. Mohammed Sultan 7. M. Mohammed Iqbal, S/o. Not known Respondents 6 and 7 are residing at No.13, 3rd West Street, Mahalakshmi Nagar, Trichy. ..Respondents https://hcservices.ecourts.gov.in/hcservices/ 2 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order dated 04.02.2011 passed by the first respondent in D.R.C.No.152 of 2001 in R.P.No.205 of 2007 and quash the same and consequently direct the first respondent to set aside the auction sale held on 18.06.2010. For Petitioner :: Mr. C. Vakeeswaran For Respondents :: Mr. R. Pandivel for R-3 Mr. C. Dhanaseelan for R-4 to R-7 ORDER (Order of the Court was delivered by A.ARUMUGHASWAMY, J.) The petitioner has filed this writ petition for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order dated 04.02.2011 passed by the first respondent in D.R.C.No.152 of 2001 in R.P.No.205 of 2007 and quash the same and consequently direct the first respondent to set aside the auction sale held on 18.06.2010. 2. The petitioner has availed financial assistance from the third respondent bank. To recover the same, the third respondent bank has filed O.A.No.366 of 2000 on the file of the Debts Recovery Tribunal, Madurai. 3. The vehement contention of the petitioner is that he was not served with proper notice enabling him to participate in the auction sale and to deposit the amount in question and hence this writ petition. The learned counsel appearing for the third respondent bank has submitted that notice has been served on the petitioner and since he is always evading the notice, they have made effective service. 4.We have heard the submissions of the learned counsel appearing for the petitioner, learned counsel appearing for the third respondent bank and also the learned counsel appearing for R-4 to R-7. 5. When the matter was taken up for hearing on 28.04.2011, we directed the Debts Recovery Tribunal, Madurai to dispose of I.A.No.202 of 2011 in R.P.No.205 of 2007 filed by the petitioner https://hcservices.ecourts.gov.in/hcservices/ 3 seeking to set aside the auction sale. Accordingly, the Debts Recovery Tribunal, Madurai, by an order dated 06.06.2011 has dismissed the I.A.No. 202 of 2011 in R.P.No.205 of 2007. Now, according to the learned counsel appearing for the petitioner, the petitioner is going to file an appeal as against the said order. Hence, we are of the view that it is not necessary for this Court to consider all the objections and left open all the points to be agitated before the appropriate forum. Accordingly, ten days time from today is granted to the petitioner and till then, the officials are restrained from taking possession of the property of the petitioner. 6. With the above said direction, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar 1. The Recovery Officer, Debt Recovery Tribunal Kalyani Towers, Melur Road, Uthangudi, Madurai. 2. The Recovery Inspector, Debt Recovery Tribunal Kalyani Towers, Melur Road, Uthangudi, Madurai. 3. The Branch Manager, Central Bank of India, Cantonment Branch, Trichy. +1cc to Mr.C.Vakeeswaran, Advocate SR.No.17452 Dpn akm/09.06.11 /3p-5c/ W.P.(MD)No.1940 of 2011 and M.P.(MD)No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/