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W.P.No.15557 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.10.2025
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.15557 of 2025 & W.M.P.Nos.17585 & 17593 of 2025 Chapa Asish .. Petitioner Vs.
1. The Union of India Represented by its Secretary Office of the Minister of Finance 3rd floor, Jeevan Deep Building Parliament Street, New Delhi - 110 011.
2. The Regional Director C/o. Reserve Bank of India Fort Glacis, Rajaji Salai Chennai - 600 001.
3. The Banking Ombudusman C/o. Reserve Bank of India Fort Glacis, Rajaji Salai Chennai - 600 001.
4. The Principal Nodal Officer/ Grievance Redressal Indian Bank Head Office, No-66, Rajaji Salai Chennai -600001. ____________ p. 2 W.P.No.15557 of 2025
5. The Chief General Managers Rep By its Ms. Maya Nagarajan V CGM - Recovery & Legal Indian Bank, Corporate Office 254-260, Avvai Shanmugam Salai Royapettah, Chennai - 600 014.
6. The General Manager Rep by its Mr. Suresh Kumar S GM - Compliance / CCO (Chief Compliance Officer) Indian Bank, Corporate Office 254-260, Avvai Shanmugam Salai Royapettah, Chennai - 600 014.
7. The Chief Manager Rep by its Mr.Sahadevan S/o. Thangakrishnan Indian Bank, Stressed Assets Management Branch, Chennai, Wellington Estate No.55 Ethiraj Salai, Chennai- 600 008.
8. M/s. Alumet Coats Inc Represented by its Partners P.Inbaraj and Hemanth Swaroup Raja R Flat No.1A, Aishwaraya Enclave Apartments Plot No.H24, East Avenue, Korattur, Chennai - 600 080.
9. Mr.P.Inbaraj 10.Mr.Hemanth Swaroup Raja. R 11.Ramesh Chander Raja .. Respondents ____________ p. 3 W.P.No.15557 of 2025 Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1st to 6th to consider the petitioner’s representation dated 28.02.2025 and to hand over the property key with physical property from the 7th to 11th respondents to the petitioner. For Petitioner : Mr.N.Seshadhiri & Mr.S.Venkateswaran For Respondents : Mr.V.T.Balaji for R1 Mr.T.Poornam for R2 & R3 Mr.C.Ramaiah for R7 No appearance for R4 to R6 & R9
ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties. None appears for respondent bank, though served.
2. Petitioner's grievance, as ventilated in the petition, is that even though petitioner emerged as a successful bidder in auction proceedings, purchased the secured asset, paid entire consideration ____________ p. 4 W.P.No.15557 of 2025 and sale certificate also issued in his favour, possession has not been handed over.
3. Learned counsel for petitioner has also drawn the attention of this Court to order dated 19.09.2024 passed by the Chief Judicial Magistrate at Tiruvallur. By that order, the Chief Judicial Magistrate
directed delivery of possession. We further find that against that
order, the borrower had filed application before Debts Recovery Tribunal and the same was also dismissed on 10.02.2025.
4. Even though opportunity was afforded to private respondents to produce any material to show whether any interim
order has been passed in favour of the borrowers protecting their possession, nothing has come forward.
5. In that view of the matter, we are inclined to issue direction to seventh respondent to hand over possession of the property purchased by petitioner in auction proceedings, with the help of local police, within a period of 15 days from the date of production ____________ p. 5 W.P.No.15557 of 2025 of a copy of this order in the office of seventh respondent. Seventh respondent shall immediately make necessary arrangements and the Station House Officer of the concerned Police Station within whose jurisdiction the property is situate, will be obliged under law to provide necessary police protection for peaceful handing over of possession to petitioner.
6. Petition is, accordingly, allowed. There shall be no order as to costs. W.M.P.No.17593 of 2025 filed seeking to permit petitioners to join together and file a single writ petition is ordered subject to payment of separate court fee within a period of two weeks. Consequently, other interim application is closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)
09.10.2025 Index : Yes/No Neutral Citation : Yes/No kpl ____________ p. 6 W.P.No.15557 of 2025 To
1. The Secretary Office of the Minister of Finance 3rd floor, Jeevan Deep Building Parliament Street, New Delhi - 110 011.
2. The Regional Director C/o. Reserve Bank of India Fort Glacis, Rajaji Salai Chennai - 600 001.
3. The Banking Ombudusman C/o. Reserve Bank of India Fort Glacis, Rajaji Salai Chennai - 600 001.
4. The Principal Nodal Officer/ Grievance Redressal Indian Bank Head Office, No-66, Rajaji Salai Chennai -600001
5. The Chief General Managers Rep By its Ms. Maya Nagarajan V CGM - Recovery & Legal Indian Bank, Corporate Office 254-260, Avvai Shanmugam Salai Royapettah, Chennai - 600 014.
6. The General Manager Rep by its Mr. Suresh Kumar S GM - Compliance / CCO (Chief Compliance Officer) Indian Bank, Corporate Office 254-260, Avvai Shanmugam Salai Royapettah, Chennai - 600 014. ____________ p. 7 W.P.No.15557 of 2025
7. The Chief Manager Rep by its Mr.Sahadevan S/o. Thangakrishnan Indian Bank, Stressed Assets Management Branch, Chennai, Wellington Estate No.55 Ethiraj Salai, Chennai- 600 008. ____________ p. 8 W.P.No.15557 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (kpl)
W.P.No.15557 of 2025
09.10.2025 ____________