M/S.Mary Fashion Impex v. The Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.2607 of 2022 M/s Mary Fashion Impex Rep by its partner Shri. R.Krishnamurthy S/o Ramasamy Gounder Shed No.88, TEA Nagar Mudalipalayam, SIDCO Tirupur 641 606. ... Petitioner Vs.
1. The Authorised Officer Tamil Nadu Mercantile Bank Ltd.
Dr.Nanjappa Road Branch Opp. to V.O.C.Park Coimbatore 641 018.
2. The Chief Manager Tamil Nadu Mercantile Bank Ltd.
Dr.Nanjappa Road Branch Opp. to V.O.C.Park Coimbatore 641 018.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus forbearing the respondents from confirming the sale of the properties mentioned in the auction sale notice dated 20.01.2022 of the 1st respondent in the light of the order of this Hon'ble Court in C.R.P.(PD) No.4282 of 2020 dated 13.02.2020 pending disposal of S.A.No.521 of 2019 and S.A.No.605 of 2019 on the file of the Debts Recovery Tribunal, Coimbatore.
For the Petitioner : Mr.R.Selvakumar https://hcservices.ecourts.gov.in/hcservices/
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to approach the Debts Recovery Tribunal to seek amendment in the pending appeal by challenging the auction notice given now.
2. As prayed, the writ petition is dismissed as withdrawn with liberty aforesaid. There will be no order as to costs. Consequently, WMP No.2753 of 2022 is also dismissed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR kpl/drm To:
1. The Authorised Officer, Tamil Nadu Mercantile Bank Ltd.
Dr.Nanjappa Road Branch, Opp. to V.O.C.Park, Coimbatore 641 018.
2. The Chief Manager, Tamil Nadu Mercantile Bank Ltd.
Dr.Nanjappa Road Branch, Opp. to V.O.C.Park, Coimbatore 641 018.
3. The Debts Recovery Tribunal, Coimbatore.
+1cc to Mr.R.Selvakumar, Advocate Sr.24478 W.P.No.2607 of 2022 spd[co] srg 25/04/2022 https://hcservices.ecourts.gov.in/hcservices/