Luke Chand v. Kotak Mahindra Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2020

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS. JUSTICE R.HEMALATHA W.P.No.1764 of 2020 and W.M.P.Nos.2038, 2040 & 2042 of 2020 Lukee Chand ... Petitioner Vs.

1.Kotak Mahindra Bank, rep by its Authorized Officer Srinivas Ponduri, No.3, Ground Floor, Rathinapuri Layout, Jawaharlal Nehru Road, 100 Feet Road, Koyambedu, Chennai - 600 107.

2.The Chief Metropolitan Magistrate, Egmore, Chennai - 600 008.

3.Esjaypee Impex Private Limited, rep by its Managing Director Mahendra Kumar No.186, Govindappa Naicken Street, Chennai - 600 001.

4.Pattubhai Phukaraj 5.Mahendra Parmar 6.Manish Parmar 7.Madhubala Parmar 8.The State rep by The Inspector of Police, C-5, Kothavalchavadi Police Station, Thathamuthiyappan Street, Chennai - 600 108.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified mandamus to call for the records of the 2nd respondent herein in Crl.M.P.No.3646 of 2019 dated 12.01.2019 and quash the same and consequently to take penal action against the 1st respondent.

For Petitioner : Ms.S.Dhanalakshmi for Mr.K.Rajendraprasad For Respondents: Mr.R.Vijayakumar, Additional Government Pleader (R8) Mrs.Anandha Gomathy, Standing Counsel (R1)

O R D E R

(Order of the Court was made by M.SATHYANARAYANAN, J.) This Court in continuation and in conjunction with the order dated 24.01.2020 is passing the following order. 2.The grievance expressed by the petitioner, who claims to be a statutory tenant under the 4th respondent, is that, all of a sudden without any notice, lock and seal has been put up in the premises under his occupation as a tenant and therefore, prays for appropriate direction directing the 1st respondent - Bank to remove the lock and seal enabling him to remove the articles and shift it to some other place and this Court, vide order dated 12.02.2020, permitted him to do so. 3.When the matter is called today, the learned counsel appearing for the petitioner prays for short accommodation once again.

However, the learned counsel appearing for the 1st respondent - Bank would submit that within the time stipulated by this Court, the petitioner had removed the articles and after the removal of the articles, lock and seal has been put up on the premises and let out to the petitioner once again. The said submission, on instructions, is taken and placed on record.

4.In the light of the said development, nothing remains for further adjudication in the Writ Petition. The Writ Petition is closed. No costs. Consequently, the connected miscellaneous petitions are closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar To 1.The Chief Metropolitan Magistrate, Egmore, Chennai - 600 008.

2. The Inspector of Police, C-5, Kothavalchavadi Police Station, Thathamuthiyappan Street, Chennai - 600 108.

3.The Debt Recovery Tribunal, Chennai.

+ 1 cc to M/s.K.Rajendraprasad,Advocate,sr.16087. cp(co) krd 15/7 W.P.No.1764 of 2020 and W.M.P.Nos.2038, 2040 & 2042 of 2020