M/S.Varshini Equipments v. The General Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Varshini Equipments, rep. by its Sole Proprietrix G.Umamaheswari, 13/1C, Eachanari to Madukkarai Main Road, Madukkarai Post, Coimbatore - 641 105.
.. Petitioner vs 1.The General Manager, Indian Bank, Corporate Office, 254-260, Avvai Shanmugam Salai, Chennai-600 014.
2.The Authorised Officer-cum-Chief Manager, Indian Bank, Stressed Assets Management Branch, No.31, Varity Hall Road, Coimbatore-641 001.
3.M.Muthukumar 4.P.Ruban Chakravarthi
5.P.Jayakumar, Advocate Commissioner, 11/1, Gopalapuram 3rd Street Deva Hotel Opp.
Coimbatore-641 018.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents with the aid of the Advocate Commissioner to hand over to the petitioner with due acknowledgment the third party materials as per the List of machineries marked as Ex.B.94 in O.A.No.1/2014 on the file of the Debts Recovery Tribunal, Coimbatore. For the Petitioner : Ms.Kamachi D For the Respondents : Mr.Jayesh B Dolia Senior Counsel for M/s.Aiyar & Dolia for respondent No.2 : Mr.S.Vijayaraghavan for respondent No.3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Ms.D.Kamachi, learned counsel for the petitioner; Mr.Jayesh B Dolia, learned Senior Counsel for
M/s.Aiyar & Dolia, learned counsel for the second respondent; and, Mr.S.Vijayaraghavan, learned counsel for the third respondent.
2. Under the order dated 18.1.2024, upon hearing learned Senior Counsel for the petitioner, we had passed an order directing the petitioner to deposit Rs.One Crore on or before 22.01.2024. On condition of such deposit, status quo was directed to be maintained in respect of the subject-property. Thereafter, on 22.1.2024, a request was made to extend the time to deposit the amount as directed by this Court under order dated 18.1.2024. Considering the request made, we extended the time to deposit Rs.One Crore up to 29.01.2024.
3. It is admitted that the amount of Rs.One Crore is not deposited by the petitioner till 29.01.2024, nor the same is deposited till this date.
4. Now, learned counsel for the petitioner submits that the petitioner has filed the appeal and seeks leave to withdraw the present writ petition.
5. It appears that to wriggle out of the order directing deposit of Rs.One Crore, the request is made to withdraw the writ petition.
6. In view of the request made, the writ petition is dismissed as withdrawn. The interim order earlier granted by this Court stands vacated. Consequently, W.M.P.Nos.1152 and 1154 of 2024 are closed.
(S.V.G., CJ.) (D.B.C., J.) 02.02.2024 Index :
Yes/No Yes/No bbr
To 1.The General Manager, Indian Bank, Corporate Office, 254-260, Avvai Shanmugam Salai, Chennai-600 014.
2.The Authorised Officer-cum-Chief Manager, Indian Bank, Stressed Assets Management Branch, No.31, Varity Hall Road, Coimbatore-641 001.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 02.02.2024