Mr.S.Shanmugam v. Asrec (India) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.1447 of 2008 and M.P.Nos.1, 2 of 2008 and 1 of 2011 Mr.S.Shanmugam

...Petitioner

Vs

1. ASREC (India) Ltd., UTI Tower, Gn Block, Bandra - Kurla Complex, Bandra (East), Mumbai 400 051.

2. The Lakshmi Vilas Bank Ltd., Purasalwakam Road, Chennai.

3. Indian Oil Corporation Ltd., Korukupet Terminal, Kathivalkam High Road, Kathivalkam, Chennai 19.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus forbearing the first respondent their men or agents or any one claiming under them from proceeding further under the demand notice dated 30.11.2007 purportedly issued pursuant to the alleged assignment deed executed by the 2nd respondent in favour of the 1st respondent in the account M/s.Yeses International. For Petitioner : No Appearance For Respondent : Mr.P.J.Rishikesh, for R1 No Appearance, for R2 Mr.P.N.Radhakrishnan, for R3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Writ Petition has been field challenging the notice issued under Section 13 (2) of the SARFAESI Act.

2. The learned counsel for the first respondent would submit that the petitioner, who is the borrower, paid the entire loan amount to the first respondent.

3. In the light of the above submission, nothing survives for consideration in this Writ Petition. Hence, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar pvs +1cc to Mr.P.J.Rishikesh, Counsel for R1 SR.No.58524 W.P.No.1447 of 2008 NR(CO) GMY(29/08/2019) https://hcservices.ecourts.gov.in/hcservices/