Order of the Court was made by Dr.VINEET KOTHARI, J) We have taken up this writ petition for hearing through Video Conferencing in view of the lockdown announced by the State Government and the country wide lockdown announced by the Hon’ble Prime Minister in view of COVID-19 threat perception and as the usual working of the Courts is not taking place under the various circulars issued by High Court and the present Division Bench as per the assigned Roaster by the Hon’ble Chief Justice, has made arrangements for hearing of the present petition through Video Conferencing, sitting at respective residence offices and connected on “ZOOM” platform to connect to the concerned counsels or party-in-person through the technology support of Registry and Technicians.
[3/31, 08:34] Sekarreporter 1: Order in W.P.No.7415 of 2020, dated 30.03.2020
[M/s. Suganthi Educational Trust
V. M/s. The Karur Vysya Bank Ltd.,]
1/5
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30-03-2020
CORAM
THE HONOURABLE DR.JUSTICE VINEET KOTHARI
AND
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.7415 of 2020
and W.M.P.No.8884 of 2020
M/s. Suganthi Educational Trust
Rep by its Managing Trustee,
Dr.Sujatha Balasubramanian,
Having its Administrative Office at
No.15, Corporation Colony,
Kodambakkam, Chennai – 600 024. … Petitioner
Vs.
M/s. The Karur Vysya Bank Ltd.,
Corporate Business Unit,
No.1, 1st Floor, Padmavathiyar Road,
Gopalapuram, Chennai – 600 018. … Respondent
Writ petition filed under Article 226 of the Constitution of India, seeking
for a writ of certiorarified mandamus, to call for the records of the respondent
Bank in the impugned letter, dated 13.03.2020 and the consequential rejection
letter, dated 23.03.2020 and quash the same as being in derogation of law and
constitutional right guaranteed and consequently direct the respondent Bank to
accept the request of the petitioner to bring prospective purchasers for the personal
properties and conclude the sale by issuing NOC for the same.
[3/31, 08:36] Sekarreporter 1: Order in W.P.No.7415 of 2020, dated 30.03.2020
[M/s. Suganthi Educational Trust
V. M/s. The Karur Vysya Bank Ltd.,]
1/5
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30-03-2020
CORAM
THE HONOURABLE DR.JUSTICE VINEET KOTHARI
AND
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.7415 of 2020
and W.M.P.No.8884 of 2020
M/s. Suganthi Educational Trust
Rep by its Managing Trustee,
Dr.Sujatha Balasubramanian,
Having its Administrative Office at
No.15, Corporation Colony,
Kodambakkam, Chennai – 600 024. … Petitioner
Vs.
M/s. The Karur Vysya Bank Ltd.,
Corporate Business Unit,
No.1, 1st Floor, Padmavathiyar Road,
Gopalapuram, Chennai – 600 018. … Respondent
Writ petition filed under Article 226 of the Constitution of India, seeking
for a writ of certiorarified mandamus, to call for the records of the respondent
Bank in the impugned letter, dated 13.03.2020 and the consequential rejection
letter, dated 23.03.2020 and quash the same as being in derogation of law and
constitutional right guaranteed and consequently direct the respondent Bank to
accept the request of the petitioner to bring prospective purchasers for the personal
properties and conclude the sale by issuing NOC for the same.
[3/31, 08:36] Sekarreporter 1: Order in W.P.No.7415 of 2020, dated 30.03.2020
[M/s. Suganthi Educational Trust
V. M/s. The Karur Vysya Bank Ltd.,]
2/5
For Petitioner : Mr.Imayavarman
O R D E R
(Order of the Court was made by Dr.VINEET KOTHARI, J)
We have taken up this writ petition for hearing through Video Conferencing
in view of the lockdown announced by the State Government and the country wide
lockdown announced by the Hon’ble Prime Minister in view of COVID-19 threat
perception and as the usual working of the Courts is not taking place under the
various circulars issued by High Court and the present Division Bench as per the
assigned Roaster by the Hon’ble Chief Justice, has made arrangements for hearing
of the present petition through Video Conferencing, sitting at respective residence
offices and connected on “ZOOM” platform to connect to the concerned counsels
or party-in-person through the technology support of Registry and Technicians.
- We have heard Mr.Imayavarman, learned counsel appearing for the
petitioner / borrower. Nobody has represented on behalf of the Respondent Bank.
[3/31, 08:36] Sekarreporter 1: Order in W.P.No.7415 of 2020, dated 30.03.2020
[M/s. Suganthi Educational Trust
V. M/s. The Karur Vysya Bank Ltd.,]
3/5 - The learned counsel for the petitioner has made a submission that the
Respondent Karur Vysya Bank has refused to cancel or postpone the auction
through the Private Treaty at a much lower price than the value of the Assets
scheduled to take place today, i.e., 30.03.2020 and therefore in view of the
urgency of the matter, the Court may grant some interim relief to the petitioner. He
urged that the petitioner has only sought NOC from the respondent Bank to permit
the petitioner, M/s. Suganthi Educational Trust, to sell the private property of the
Guarantors and square up the outstanding dues of the petitioner Trust towards the
Respondent Bank. - In these circumstances and in view of the peculiar situation of lockdown,
where the petitioner or litigants do not have easy access to justice in regular court
working, we are inclined to entertain this writ petition, in the aforesaid manner. - Issue notice. Returnable in four weeks.
- We direct by way of this interim order, the Respondent Bank to maintain
the status quo in the matter, as it exists today and not to proceed with the auction
of the assets of the petitioner’s Trust or its Guarantors, without the specific leave
of the Court, till further orders.
[3/31, 08:36] Sekarreporter 1: Order in W.P.No.7415 of 2020, dated 30.03.2020
[M/s. Suganthi Educational Trust
V. M/s. The Karur Vysya Bank Ltd.,]
4/5 - The matter may be posted after four weeks and in the meanwhile the
Respondent Bank may be informed of this order immediately through email or any
other electronic method and by the speed post, for compliance and they may file a
counter to the writ petition within a period of four weeks and let the matter be
listed before the concerned Bench after the Courts resume the regular working.
(V.K. J.) (R.S.K. J.)
30-03-2020
tsvn
