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Madras High CourtWP/10132/2015withdrawn dismissed

S.P.Ellappan v. The Authorised Officer

2015-04-08Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 08-04-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.No.10132 of 2015 and M.P.No.1 of 2015 S.P.Ellappan S/o.Panchatchara Mudaliyar 48 Chairman Sambasiva chetty Street Kancheepuram

...Petitioner

Vs 1 The Authorised Officer Tamilnadu Mercantile Bank Kancheepuram Branch Kancheepuram.

2 S.Elumalai S/o.Subramania Mudaliar 19-B/2 Lingappan Palayam Street Pillayarpalayam Kancheepuram 3 S.Mugunthan S/o.K.S.Srinivasan No.13 Vanigar Street Big Kancheepuram 4 K.P.T. Agency rep. by its Proprietor K.Karthikeyan No.109- A Erivakkam Village Arakonam Main Road Kancheepuram

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the entire records in respect of the order passed in I.A.No.584 of 2014 in AIR (SA) No.473 of 2013 on the file of the Debts Recovery Appellate Tribunal Chennai dated 11-03-2015 and quash the portion of the order i.e.condition imposed upon the petitioner to deposit of 50% of the amount of https://hcservices.ecourts.gov.in/hcservices/

Rs.11,91,694/- mentioned in Section 13(2) notice For petitioner :

Mr. D. Rajagopal

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI,J.) The learned counsel for the petitioner has made the following endorsement:

"Petitioner may be permitted to withdraw with the liberty for approach the Tribunal for reconsideration of the order passed by the Tribunal."

In view of the above, the writ petition is dismissed as withdrawn, with liberty as aforestated, if the petitioner, is so advised. No costs. Consequently, the connected miscellaneous petition in M.P.No.1 of 2015 is also dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar glp To 1 The Authorised Officer Tamilnadu Mercantile Bank Kancheepuram Branch Kancheepuram Debts Recovery Appellate Tribunal, Chennai.

1 CC to Mr. D. Rajagopal, Advocate SR.No. 19317 W.P.No.10132 of 2015 and M.P.No.1 of 2015 CA (CO) PSI (20.04.2015) https://hcservices.ecourts.gov.in/hcservices/