D.V.Sivasankaran v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH and THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.10613 of 2017 and W.M.P.Nos.11550 to 11552 of 2017 D.V.Sivasankaran,

...Petitioner

Vs

1. Authorised Officer Indian Overseas Bank, Besant Nagar Branch, E-140B, Third Main Road, Chennai 600 090

2. M/s.Green Tree Homes & Ventures Pvt. Ltd., Power Agent of M/s.LVR Farms Pvt, Ltd., Rep. By its Director

...Respondents

Prayer:

Writ petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari to quash that portion of the Auction Notice dated 24.03.2017 bringing the Petitioner's Plot bearing No.158-A more fully described in Schedule for sale.

For Petitioner : Mr.M.Aravind Subramaniam For Respondent - 1 : Mr.F.B.Benjamin George

ORDER

(Order of the Court was made by Huluvadi G.Ramesh.J) Seeking to quash a portion of the Auction Notice dated 24.03.2017 bringing the Petitioner's Plot bearing No.158-A more fully described in Schedule for sale, the petitioner is before this Court with this writ petition.

2.It is submitted by the learned counsel for the first respondent Bank that the auction sale in respect of the property in question has not taken place and hence, according to him, nothing survives in this writ petition.

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3.In such circumstances, the learned counsel for the petitioner prays for withdrawal of this writ petition. He has also made an endorsement to that effect.

4.In the result, the writ petition is dismissed as withdrawn. However, it is made clear that in the event, the first respondent Bank decides to bring the property of the petitioner for auction sale, it shall issue notice to the petitioner and the petitioner shall furnish his detailed address for service of notice. No costs. Consequently, connected Miscellaneous Petitions are closed.

-s/dAssistant Registrar(CSVI) True Copy Sub-Assistant Registrar jbm To Authorised Officer Indian Overseas Bank, Besant Nagar Branch, E-140B, Third Main Road, Chennai 600 090 +1 cc to M/s.M.Aravind Subramaniam Advocate sr 40244 +1 cc to M/s.F.B.benjamin George Advocate sr 40133 W.P.No.10613 of 2017 rsk(co) aa07/06/2017 https://hcservices.ecourts.gov.in/hcservices/