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Madras High CourtWP/3523/2024withdrawn dismissed

P.Inbanila, v. Chief Manager,

2024-03-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Inbanila .. Petitioner vs 1.The Chief Manager, State Bank of India, ARMB, Eldams Road, Teynampet, Chennai-600 018.

2.S.Kumaravelu .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records and quash the entire proceedings initiated by the first respondent under SARFAESI Act including the entire court-auction sale dated 12.9.2023 and registered on 21.9.2023 in favour of the second respondent in respect of the property bearing R.S.No.49/7 Hec. 0.15.0 = Old S.No.248/ Ac.0.42 in Kudikadu Village, Cuddalore Taluk, Cuddalore District.

For the Petitioner : Mr.D.Baskar For the Respondents : Mr.B.Raghavalu Naidu for respondent No.1 : Mr.P.Suresh for respondent No.2

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner, on instructions, seeks leave to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal.

2. In the light of that, the writ petition is dismissed as withdrawn. The petitioner may avail the alternative remedy as may be permissible under law. There shall be no order as to costs. Consequently, W.M.P.Nos.7262, 3781 and 3784 of 2024 are closed. (S.V.G., CJ.) (D.B.C., J.) 19.03.2024 Index :

Yes/No :

Yes/No bbr

To The Chief Manager, State Bank of India, ARMB, Eldams Road, Teynampet, Chennai-600 018.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 19.03.2024