LAWS(MAD)-2014-2-257

D. MASILAMANI Vs. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, COIMBATORE, THE CHIEF MANAGER CUM AUTHORISED OFFICER, G.M. SHVINI AND G. MALLIGA CHAIRMAN SALES TAX TRIBUNAL

Decided On February 03, 2014
D. Masilamani Appellant
V/S
Recovery Officer, Debt Recovery Tribunal, Coimbatore, The Chief Manager Cum Authorised Officer, G.M. Shvini And G. Malliga Chairman Sales Tax Tribunal Respondents

JUDGEMENT

(1.) THIS writ petition is filed, praying for a Writ of mandamus, to direct the first and second respondents to grant eight weeks' time, to pay the balance due amount, payable to the 2nd respondent, in RP No. 1/2013 in DRC No. 1/2013, dated 1.1.2013, in O.A. No. 5/2011, on the file of the first respondent. The case of the petitioner is that the house bearing Door No. 20, M.T.H. Road, Villivakkam, Chennai -49, originally belonged to his mother -in -law Mrs. Saraswathi Ammal; she had executed a 'Will' in favour of her daughter -the fourth respondent herein, but subsequently, she cancelled the 'Will' and executed another 'Will' in his favour. The said Saraswathi Ammal died, on 9.10.1992 and so, as per the Will, he became the owner of the property and he is in possession and enjoyment of the same.

(2.) THE further case of the petitioner is that the third respondent is his daughter; the fourth respondent, who is the mother of the third respondent, availed educational loan from the State Bank of India, Coimbatore, Branch, by mortgaging the said property, but later she did not repay the loan amount. So, the bank initiated recovery proceedings, in O.A. No. 5 of 2011, before the Debts Recovery Tribunal, and on the basis of the decree in the O.A., the bank brought the property for auction. The petitioner approached the bank to redeem the property, by repaying the entire dues to the bank. He had paid part of the decree amount and for repaying the balance amount, he sought for extension of time, which was not favourably considered. Hence, the writ petition.

(3.) HEARD Mr. P.T. Perumal, learned counsel for Mr. M. Prabakar, appearing on behalf of the petitioner, Mr. P.D. Audikesavalu, learned counsel, appearing on behalf of the second respondent and Mr. G. Desigu, learned counsel, appearing on behalf of the fourth respondent.