Harshad Doshi v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10-01-2019

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.37798 and 37799 of 2006 And M.P.Nos.2, 3 and 2 of 2006 Harshad Doshi ..Petitioner in WP 37798/2006 Yasumathi Doshi ..Petitioner in WP 37799/2006 Vs.

1.The Authorised Officer, (The Assistant General Manager), State bank of Travancore, 2.State Bank of Travancore, Esplanade, Chennai-600 001 Represented by its Chief Manager(C&I) 3.Union of India, Represented by the Secretary to Government, Ministry of Finance, North Block, New Delhi.

..Respondents in both Wps WP No.37798 of 2006 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent comprised in its notice dated 21.9.2006 bearing Ref.No.DGM/CHEN/287 and quash the same in so far as it relates to the petitioner's property situate at Shop No.3, Vijay Complex, Blackers Road, Chennai-600 002, situate in Survey No.3289/3 of Triplicane Village, Chennai District and consequently, direct the first and second respondents to forthwith furnish the petitioner the details sought for in para 7 of the petitioner's objection letter dated 2.8.2006 addressed to the first respondent together with the documentary proof evidencing creation of equitable mortgage of item Nos.1 and 2 of the first respondent's notice dated 21.9.2006 bearing Ref.No.DGM/CHEN/287, if any, for the securities granted to M/s.Premier Marketing or Mr.Ashok Doshi.

WP No.37799 of 2006 is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent comprised in its notice dated 21.9.2006 bearing Ref.No.DGM/CHEN/287 and quash the same in so far as it relates to the petitioner's property situate at Shop Nos.4,5,33, 127 and 128, Hong Kong Shopping Complex, Door Nos.9 and 10, Ramanathan Street, T.Nagar, Chennai-600 017 and consequently, direct the first and second respondents to forthwith furnish the petitioner the details sought for in para 7 of the petitioner's objection letter dated 2.8.2006 addressed to the first respondent together with the documentary proof evidencing creation of equitable mortgage of item Nos.2 and 3 of the first respondent's notice dated 21.9.2006 bearing Ref.No.

DGM/CHEN/287, if any, for the securities granted to M/s.Premier Marketing or Mr.Ashok Doshi. For Petitioner in both WPs : Ms.Tanushree Arvind for Mr.R.Parthasarathy For Respondents-1&2 in both WPs : Mr.P.N.Radhakrishnan For Respondent-3 in both WPs : No Appearance C O M M O N O R D E R In view of the endorsement made by the learned counsel for the writ petitioner, the writ petitions stand dismissed as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Svn To 1.The Authorised Officer, (The Assistant General Manager), State bank of Travancore,

2.The Chief Manager(C&I) State Bank of Travancore, 3.The Secretary to Government, Union of India, Ministry of Finance, North Block, New Delhi.

WPs 37798 & 37799 of 2006 SR(CO) rrs 12/02/2019