G.Maduraiveeran v. M/S.Cholamandalam Investment And Finance Co Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2020 CORAM :

THE HON'BLE MR.JUSTICE M.DURAISWAMY C.M.A.NO.733 OF 2020 AND C.M.P.NO.4520 OF 2020 1.G.Maduraiveeran 2.M.Bhuvaneshwari ... Appellants Vs.

M/s.Cholamandalam Investment and Finance Company Ltd., rep by its Branch Manager, N.Arun Kumar, 1st Floor, No.2, N.S.C. Bose Road, Chennai - 01.

... Respondents Appeal filed under Order 43 Rule 1 of the Code of Civil Procedure against the docket order passed in E.P.No.73 of 2017 in Arb.No.813 of 2016 dated 16.10.2019 on the file of the Principal District Judge, Tirupur, Tirupur District. For Appellants : Mr.Deepan Uday For Respondent : Mr.S.Namasivayam (vakalat to be filed)

O R D E R

The appellants are challenging the order passed by the Executing Court viz., Principal District Court, Tirupur in E.P.No.73 of 2017 in A.R.B.No.813 of 2016.

2.The order impugned in this Appeal is dated 16.10.2019 whereby the Principal District Judge, Tirupur allowed the application by giving time for settlement of proclamation by 29.11.2019.

3.The learned counsel for the appellants submitted that the settlement of proclamation was done on 29.11.2019 itself and the auction is scheduled to be held on 09.03.2020. https://hcservices.ecourts.gov.in/hcservices/

4.Since the prayer sought for in the appeal (i.e.) to set aside the order dated 16.10.2019 has already been complied with, nothing survives for adjudication in this appeal. Hence, the Civil Miscellaneous Appeal is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar va To 1.

The Principal District Judge, Tirupur, Tirupur District.

C.M.A.No.733 of 2020 and C.M.P.No.4520 of 2020 GMR(CO) CS/20/07/2020 https://hcservices.ecourts.gov.in/hcservices/