SARASWATHI Vs. THE AUTHORISED OFFICER

JUDGEMENT

(1.) Claiming herself to be a tenant under respondents 2 and 3 herein in respect of the property located at Door No.244/2B, Flat No.207, Block No.D, 2nd Floor, Marigold Apartment, Reheja Enclave, Race Course, Coimbatore - 641 018, from June 2010 and paid a sum of Rs.10.50 Lakhs to the landlords / respondents 2 and 3, as security/caution deposit, and further contending that the lease agreement is in force, and coming to know of the proceedings initiated by the bank against the respondents 2 and 3 for the default in payment of loan, instant writ petition, has been filed for a writ of mandamus, directing the authorised officer, IDBI Bank Limited, Coimbatore, 1st respondent to pay security/caution deposit of Rs.10.50 Lakhs to her.

(2.) Petitioner has further contended that a suit in O.S.No.1263 of 2013, has been filed, on the file of learned Principal District Munsif, Coimbatore, for a permanent injunction against the landlords / respondents 2 and 3. It is also her contention that earlier, a prospective purchaser, Mr.Harishankar, came forward to purchase the subject property mortgaged with the bank in which, she is a tenant and he agreed to pay Rs.10 Lakhs to her, being security/caution deposit, paid to respondents 2 and 3, but the bank did not accept the proposal.

(3.) Petitioner has further contended that she is ready and willing to vacate the premises, no sooner the security/caution deposit of Rs.10.50 Lakhs is paid, either by the bank or by prospective buyer.