R.Muthammal v. Repco Bank Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Muthammal ..
Petitioner Vs.
1. REPCO Bank Ltd.
Asset Recovery Management Branch Chennai Rep. by its Authorized Officer Repco Tower, No.33, North Usman Road T.Nagar, Chennai - 600 017.
2. M/s.Sri Venglamani Amman Educational & Charitable Trust Rep. by its Chairman & Managing Trustee Mr.N.Rajesh Kanna.
3. N.Rajesh Kanna
4. R.Lakshmi
5. R.R.Ramasamy
6. K.Poonayee ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, call for the records and to quash the entire process of the first respondent under SARFAESI Act Leading to the proceedings in Crl.M.P. No. 1226 of 2022 under Section 14 of the SRFAESI act on the file of Chief Judicial Magistrate, Namakkal.
For the Petitioner : Mr.S.Senthil For the Respondents : Mr.A.Ilangovan for R1 No appearance for R2 to R4
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.S.Senthil, learned counsel for the petitioner and Mr.A.Ilangovan, learned counsel for the first respondent.
2. Learned counsel for the Bank submits that the proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) filed by the Bank has been withdrawn on 20.02.2023, as the proceedings under the SARFAESI was not maintainable pursuant to the judgment of a Division Bench of this Court in the case of S.P.Ganesan vs. The Authorised Officer, REPCO Bank dated 03.03.2021 in W.P.No.33133 of 2019.
3. In view of that, as the proceedings itself has been withdrawn, nothing survives in this writ petition. The writ petition, as such, stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.5663 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index :
Yes/No :
Yes/No drm
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm) W.P.No .5641 of 2023 28.07.2023