Sivakumar v. M/S.Canara Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.5232 of 2025 Sivakumar .. Petitioner -vsM/s.Canara Bank Rep. by Authorized Officer, Specialized Agricultural Branch, May Flower Complex, II Floor, 121, 11 Street, Tatabad, Coimbatore 641 012.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to forbear the respondent from taking any coercive steps to dispossess the petitioner from the mortgaged properties/ secured assets of the petitioner till the pending disposal of the appeal preferred before the Debts Recovery Appellate Tribunal Chennai in AIR No.228/2025.

For Petitioner :

Mr.I.M.Siddartha Ramarajan For Respondent :

Mr.M.A.Abdul Wahab for M/s.K.V.Subramanian Associates * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) A counter has been filed by the bank making various allegations including the fact that there is an outstanding of Rs.3,47,55,894/- as on 28.02.2025. No rejoinder has been filed though the counter was served over ten days ago.

2. After the petition was heard for some time, counsel sought leave to withdraw the petition saying that he shall approach the Debts Recovery Tribunal.

3. Petition is dismissed as withdrawn. We clarify that we have not made any observation on the merits of the matter. It goes without saying that the statement made by the bank earlier in the counter does not survive in view of the petition being withdrawn.

There shall be no order as to costs. Consequently, the interim application also stands dismissed.

(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 26.03.2025 Index : Yes/No : Yes/No sra To The Authorized Officer M/s.Canara Bank Specialized Agricultural Branch, May Flower Complex, II Floor, 121, 11 Street, Tatabad, Coimbatore 641 012.

The Hon'ble Chief Justice and Mohammed Shaffiq, J.

(sra) 26.03.2025