W.P(MD)No.6680 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025 CORAM : THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.6680 of 2025 and WMP(MD)Nos.4940 and 4942 of 2025 A.Muthukrishna Pandi ... Petitioner vs. 1. The Authorized Officer, Indian Bank, Avaniyapuram Branch, 34/35, Aruppukottai, Main Branch, Villapuram, Avaniyapuram, Madurai - 625 012. 2. The Branch Manager, Indian Bank, Avaniyapuram Branch, 34/35, Aruppukottai, Main Branch, Villapuram, Avaniyapuram, Madurai - 625 012. 3. V.Karuppaih ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for records to the order issued by the Chief Judicial Magistrate, Sivagangai, in CRMP.330/2025 dated 20.02.2025 under Section 14 of the SARFAESI Act 2002 as against the petitioner properties situated in UDR S.Nos.22/1A2 and 22/143 Door No.1/289 to the extent of 18 cents i.e. 7848 Sq. Ft. in Kaluvangulam Page No.1 of 4 https://www.mhc.tn.gov.in/judis W.P(MD)No.6680 of 2025 Village, Thiruppuvanam Taluk, Madurai North Sub Registration District, Madurai North Registration District and quash the same within a time frame as fixed by this Hon'ble Court. For Petitioner : M/s.V.Vilma Rexy For R1 & R2 : Mr.C.Karthick For R3 : M/s.N.Juliet Latha ORDER (Order of the Court was made by S.SRIMATHY, J.) Challenging the order passed by the Chief Judicial Magistrate, Sivagangai, in CRMP.330/2025 dated 20.02.2025 under Section 14 of the SARFAESI Act 2002, this writ petition is filed. 2. The notice intended for sale is quoting an amount of Rs. 9,59,451/- which is the outstanding amount to be paid by the debtor. When several opportunities were granted to the debtor, he could not mobilise the amount and pay the same. However, today, he is having means to pay and he is ready and willing to pay. To show his bona fides, he has produced two demand drafts for Rs.4,75,000/- and Rs. 9,00,000/-. In fact, the said demand drafts will cover the entire sale consideration. Therefore, the right of redemption to the debtor is Page No.2 of 4 https://www.mhc.tn.gov.in/judis W.P(MD)No.6680 of 2025 available in spite of the sale certificate and sale deed executed by the Bank. When the debtor is ready for settlement of the amount, then an option ought to be granted to the debtor. 3. However, since the demand drafts are in the name of the subsequent purchaser, the petitioner is directed to take fresh demand drafts in the name of the Bank. The Bank shall receive the same and close the account and return the money to the subsequent purchaser. Since the subsequent purchaser has incurred some expenses as well as agony, he deserves some amount along with the cost of registration and stamp duty. The petitioner is directed to pay a sum of Rs.25,000/- as cost to the subsequent purchaser. 4. With the above direction, the Writ Petition is disposed of. No costs. Connected miscellaneous petitions are closed. [J.N.B, J.] [S.S.Y, J.] 29.04.2025 Index : Yes / No Neutral Citation : Yes / No bala Page No.3 of 4 https://www.mhc.tn.gov.in/judis W.P(MD)No.6680 of 2025 J.NISHA BANU, J. AND S.SRIMATHY, J. bala ORDER MADE IN W.P(MD)No.6680 of 2025 DATED : 29.04.2025 Page No.4 of 4 https://www.mhc.tn.gov.in/judis