M/S.Raj Bai Anusuya Devi v. The Recovery Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2017

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.No.30649 of 2017 and WMP No.33559 of 2017 M/s.Raj Bai Anusuya Devi Gulacha Memorial Charitable Trust, Rep. by its Managing Trustee, Mr.Nalin Gulechha ... Petitioner vs.

1. The Recovery Officer, Debts Recovery Tribunal-I, Chennai 6th Floor, Dewa Towers, No.770-A, Anna Salai, Chennai - 600 002.

2. Housing and Urban Development Corporation Limited, 5th Floor, CMDA Tower-1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. Shri Krishna Trust.

... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorari, calling for records relating to the order dated 17.11.2017 passed in DRC No.37/2012 on the file of the 1st respondent and quash the same. For Petitioner : Mr.AR.L.Sundaresan, Sr.Counsel for Mr.M.Bharath.

ORDER

(Order of the Court was made by S.MANIKUMAR, J) Though, Mr.AR.L.Sundaresan, learned senior counsel for the petitioner has made submissions on the merits of the order, impugned before us, when attention was invited to the appellate remedy provided under the Recovery of debts Due to Bank and Financial Institutions Act, 1993, he seeks permission to withdraw the writ petition, with liberty to challenge the same before the appellate forum.

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2. Mr.M.Bharath, learned counsel on record has made an endorsement seeking permission to withdraw. Permission is granted. Writ Petition is dismissed as withdrawn. No cots. Consequently, the connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ars To

1. The Recovery Officer, Debts Recovery Tribunal-I, Chennai 6th Floor, Dewa Towers, No.770-A, Anna Salai, Chennai - 600 002.

2. Housing and Urban Development Corporation Limited, 5th Floor, CMDA Tower-1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Section Officer ER Section High Court Madras (to return the original impugned order after obtaining an attested copy of the same from the counsel for the Petitioner) copy to The Deputy Registrar(Records) High Court, Madras W.P.No.30649 of 2017 and WMP No.33559 of 2017 aa27/11/2017 https://hcservices.ecourts.gov.in/hcservices/