Isabella v. The Recovery Officer

ORDER (Order of the Court was made by the Hon'ble Chief Justice) Challenging the notice of sale proclamation dated 17.3.2026 issued by the first respondent, the petitioner has filed the present writ petition under Article 226 of the Constitution of India.

¶2Learned counsel appearing for the second respondent bank submits that, pursuant to the impugned notice of sale proclamation dated 17.3.2026, sale was not held and a fresh sale notice was issued fixing the sale on 21.7.2026. Therefore, the prayer made in the writ petition has become infructuous.

¶3At this juncture, learned counsel for the petitioner submits that since there is a continuous cause of action, the writ petition survives and the petitioner may be permitted to amend the prayer.

¶3Since sale had not materialised pursuant to the impugned notice and fresh sale notice was issued, the present writ petition is rendered infructuous. Accordingly, the writ petition is dismissed as infructuous. However, the petitioner would be at liberty to avail appropriate remedy in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J)

07.07.2026 Index : : bbr To:

1.The Recovery Officer Debts Recovery Tribunal-III, 6th Floor, Additional Office Building, Shstri Bhavan, Nungambakkam, Chennai-600 066.

2.The Chief Manager Union bank of India, ARB Chennai, Broadway, Chennai-600 001.

3.The Secretary, Department of Financial Services, Ministry of Finance, Government of India, Jeevan Deep Building, 3rd Floor, Sansad Marg, New Delhi-110 001.

4.The General Manager Reserve Bank of India, No.16, Rajaji Salai, Fort St. Glacis, Chennai-600 009 W.P.No.16844,of,2026 THE,HON'BLE,CHIEF,JUSTICE ,,,,AND ,G.ARUL,MURUGAN,,J., bbr W.P.No.16844,of,2026 ,,,,,

07.07.2026 Page,5,of,5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.07.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.18097 and 18098 of 2026 Isabella D/o.Amalorpavanathan, No.6, 4th Cross Street, New N.G.O. Colony, Adambakkam, Chenna--600 088 Petitioner Vs 1.The Recovery Officer Debts Recovery Tribunal-III, 6th Floor, Additional Office Building, Shstri Bhavan, Nungambakkam, Chennai-600 066. 2.The Chief Manager Union bank of India, ARB Chennai, Broadway, Chennai-600 001. 3.The Secretary, Department of Financial Services, Ministry of Finance, Government of India, Jeevan Deep Building, 3rd Floor, Sansad Marg, New Delhi-110 001. 4.The General Manager Reserve Bank of India, No.16, Rajaji Salai, Fort St. Glacis, Chennai-600 009 5.Western Express Private Limited, Kancheepuram-Vandavasi Main Road, Thethurai Village, Cheyyar Taluk, Tiruvannamalai District. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of the 1st respondent herein in pursuant to the impugned Notice of Sale Proclamation, vide TRC No.31/2024 dated 17.03.2026 relating to the confirmation of sale proclamation to be held on 24.04.2026 and to quash the same as illegal and consequently directing the respondents to not take any coercive steps against the petitioner properties on the basis of the petitioner's representation dated 01.04.2026. For Petitioner: Ms.Aparna for Mr.V.Ramanareddy For Respondents: R1 - Tribunal Mrs.K.Jayaganga for Mrs.Ananda Gomathy for R2