Kpr Cotton Mills Pvt. Ltd., v. Indian Bank,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.8087 of 2006 and WP.MP.Nos.9024 to 9026 of 2008 KPR Cotton Mills Pvt. Ltd., Rep. by its Managing Director, P.Nataraj ..Petitioner Vs

1. Indian Bank, Coimbatore Main Branch, Post Box No.65, 31, Variety Hall Road, Coimbatore 641 001.

Rep. by its Deputy General Manager.

2. Bank of India, Tiruppur (SSI) Branch, Enna Towers, Binny Compound, Kumaran Road, Tiruppur 641 601.

Rep. by its Chief Manager.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus to call for the records of the 1st respondent made in its letter No.Ref:CMB:KPR:2005-06, dated 22.09.2005 and the consequential letter of the 1st respondent made in letter No.Ref:CMB:KPR:2005-06 dated 04.10.2005 and quash the same and consequently direct the 1st respondent to issue no due certificate in favour of the petitioner herein and release the securities held against the term loan account of the petitioner with the Indian bank at the earliest within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Silambanan, Senior Counsel for M/s.Silambanan Associates For Respondents : Mr.G.Ilangovan, for R1 Mr.F.B.Benjamin George, for R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent made in its letter No.Ref:CMB:KPR:2005-06, dated 22.09.2005 and the consequent letter dated 04.10.2005 and quash the same and consequently direct the first respondent to issue no due certificate in favour of the petitioner.

2. Heard Mr.S.Silambanan, learned Senior Counsel appearing for the petitioner, Mr.G.Ilangovan, learned Standing Counsel appearing for the first respondent and Mr.F.B.Benjamin George, learned Standing Counsel appearing for the second respondent.

3. The learned Standing Counsel for the first respondent would state that the petitioner's bank account with the first respondent was transferred to the second respondent-Bank and no due certificate was issued in favour of the petitioner.

4. In the light of the above submissions, no further adjudication is necessary in this Writ Petition. Accordingly, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pvs To

1. The Deputy General Manager Indian Bank, Coimbatore Main Branch, Post Box No.65, 31, Variety Hall Road,Coimbatore 641 001.

2. The Chief Manager Bank of India, Tiruppur (SSI) Branch, Enna Towers, Binny Compound, Kumaran Road, Tiruppur 641 601.

+2cc to M/s.Kaavya Silambanan Associates Sr.62549 W.P.No.8087 of 2006 mr[co] srg 10/09/2019 https://hcservices.ecourts.gov.in/hcservices/