M.Harun Rasheeth v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2019 CORAM :
The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. Nos.577 and 581 of 2019 M.Harun Rasheeth .. Petitioner in W.P.No.577 of 2019 H.Farzana Proprietor M/s.Capital Clothing Company, rep. by M.Harun Rasheeth Door No.22, Barkath Manzil, Fathima Nagar, Tirupur - 641 603, Coimbatore District.
.. Petitioner in W.P.No.581 of 2019 -vs1.The General Manager, Head Office at Chennai, No.39, Whites Road, P.B.No.2227, Chennai - 600 014.
2.The Assistant General Manager, Tirupur Main Branch, No.300/1, Mangalam Road, Tirupur - 641 604.
.. Respondents in both WPs.
Writ Petition No.577 of 2019 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records relating to the impugned notices dated 09.11.2018 bearing No.OR/TPR/REC/APRICOT-CIF-10009754084/2018-19 on the file of the second respondent and quash the same. Writ Petition No.581 of 2019 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records relating to the impugned notices dated 09.11.2018 bearing No.OR/TPR/REC/CIF-1000975194/2018-19 on the
file of the second respondent and quash the same. For Petitioner in both WPs : Mr.V.Prakash Senior Counsel for M/s.S.Ashok Kumar COMMON ORDER Learned Senior Counsel for the petitioners seeks leave of this Court to withdraw the writ petitions with liberty to reply to the notices received by the petitioners under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, 'SARFAESI Act'). The learned counsel on record Mr.S.Ashok Kumar has also made an endorsement to the said effect.
2. In view of the above, the writ petitions are allowed to be withdrawn with liberty to the petitioners to reply to the notices received by them under Section 13(2) of the SARFAESI Act. If reply is sent to the respondent Bank within the stipulated time, the respondent Bank to consider the same in accordance with law.
3. The writ petitions are dismissed as withdrawn in terms aforesaid.
No costs.
Consequently, all connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar bbr To 1.The General Manager, Head Office at Chennai, No.39, Whites Road, P.B.No.2227, Chennai - 600 014.
2.The Assistant General Manager, Tirupur Main Branch, No.300/1, Mangalam Road, Tirupur - 641 604.
+1cc to Mr.S.Ashok Kumar, Advocate, S.R.No.2263 (22/01/2019) +1cc to Mr.S.Ashok Kumar, Advocate, S.R.No.2262 (22/01/2019) W.P.Nos.577 and 581 of 2019 GN(08/01/2019)