Madras High CourtWP/2919/2020dismissed

K.Baranidharan v. The Authorized Officer

2020-02-12Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.02.2020

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.2919/2020 & WMP.Nos.3370 & 3371/2020 K.Baranidharan ... Petitioner

Versus

1.The Authorised Officer 2.The Branch Manager ... Respondents PRAYER:- Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of certiorarified mandamus calling for the records of the 1st respondent herein relating to the impugned notice issued under section 13[2] of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 dated 05.07.2019 and auction sale to be conducted on 06.02.2020, published in Indian Express dated 04.01.2020 and quash the same and consequently, direct the 1st respondent herein to consider petitioner's request letter dated 10.06.2019 and 30.01.2020.

For Petitioner :

Mr.K.Dhananjayan For Respondents:

Mr.K.J.Parthasarathy for RR1 & 2

ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.,] (1)The matter in issue pertains to the default in payment of Home Loan and action was initiated by the respondents/Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the date of auction was fixed on 06.02.2020. (2)This Court, while ordering notice on 05.02.2020, directed the respondents/Bank to furnish the result of the auction in a sealed cover.

(3)The matter is listed today and the learned Standing counsel appearing for the respondents/Bank, on instructions, would submit that in the auction held on 06.02.2020, there were no bidders.

(4)The Court heard the submissions of the learned counsel for the petitioner also.

(5)In the light of the said development, nothing remains for further adjudication in this writ petition.

(6)Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Authorised Officer

2.The Branch Manager +1cc M/s.K.Krishnan, Advocate Sr.11504 +1cc to M/s.K.J.Parthasarathy, Advocate Sr.11262 WP.No.2919/2020 rr[co] srg 16/03/2020