The Madras Glass And Plywoods v. The Recovery Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.10905 of 2016 and W.M.P. No. 9500 of 2016 The Madras Glass and Plywood's Merchant Association (Regn. No.296/1979) represented by its President No.72, Devaraja Mudali Street Park Town, Chennai 600 003 Petitioner vs.

The Recovery Officer Debts Recovery Tribunal, Chennai - 1 VI Floor Spencers Towers 770-A Anna Salai Chennai 600 002 The State Bank of India represented by its Assistant General Manager Nungambakkam Branch now SAR Branch Red Cross Society Building II Floor, No.32, Montieth Road, Egmore Chennai 600 008 R. Gopal Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records relating to the e-sale dated 09.02.2016 auction to be held on 24.03.2016 or any other subsequent dates by the first respondent and quash the same.

For petitioner Mr. T.L. Ram Mohan, Sr. Counsel for Mr. R. Ashraf Khan For R2 Mrs. S.R. Sumathy https://hcservices.ecourts.gov.in/hcservices/

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mrs. S.R. Sumathy, learned Standing Counsel, accepts notice for the second respondent bank.

This writ petition is filed challenging the proclamation of sale dated 09 February 2016 made by the first respondent.

Today, when the matter is taken up for admission, the learned Standing Counsel for the second respondent bank submits that pursuant to the impugned proclamation of sale dated 09 February 2016, no bidder has come forward to submit bid within the specified date and hence, it is proposed to issue a fresh auction sale notice. In the event, a fresh auction sale notice is issued, the petitioner will be entitled to prior notice as per law. Thus, this writ petition has become infructuous. There is no dispute over the fact that the impugned proclamation of sale is not taken to its logical conclusion on account of non-submission of any bid within the specified date. Accordingly, this writ petition is dismissed as having become infructuous. Costs made easy. Connected W.M.P.is closed.

cad -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To The Recovery Officer Debts Recovery Tribunal, Chennai - 1 VI Floor, Spencers Towers 770-A Anna Salai, Chennai 600 002 The Assistant General Manager State Bank of India Nungambakkam Branch now SAR Branch Red Cross Society Building II Floor, No.32, Montieth Road, Egmore Chennai 600 008 + 1 cc to Mrs.S.R.Sumathy, Advocate, SR 18347 + 1 cc to M/s.R.Ashrf khan, Advocate, SR 18899 mp(co) prk5/5 W.P. No.10905 of 2016 https://hcservices.ecourts.gov.