A.V.Jayaraman v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 6/9/2017 C O R A M THE HONOURABLE MR.JUSTICE S. MANIKUMAR AND THE HONOURABLE MS.JUSTICE V. BHAVANI SUBBAROYAN WRIT PETITION NO.10897 OF 2017 A.V.Jayaraman Proprietor of Sri Jayalakshmi Modern Rice Mill D.No.47-1 Attrupathai Street Sankarapuram Villupuram District.

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Petitioner Vs

1. The Authorised Officer Indian Bank Circle office AVR Towers, III Floor No.4 Bharathi Road Cuddalore 607 001.

2. The Registrar The Debts Recovery Appellate Tribunal Ethiraj Salai Chennai.

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Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of certiorarified mandamus to call for the records comprised in the proceedings of the Debts Recovery Appellate Tribunal at Chennai, dated 6/4/2017 passed in I.A.No.468 of 2015 in AIR (SA) No.195 of 2013 and quash the same and consequently direct the second respondent to take AIR (SA) No.195 of 2013 on the file without insisting on the payment of pre-deposit as envisaged in Order dated 6/4/2017 in I.A.No.46 of 2015 in AIR (SA) No.195 of 2013.

For Petitioner ...

Mr.T.T.Ravichandran For respondents ...

R.1 - No appearance R.2 - Tribunal - - - - - -

O R D E R

(Order of the Court was made by S.Manikumar,J) This writ petition has been filed praying to quash the order passed by the Debts Recovery Appellate Tribunal at Chennai, dated 6/4/2017, passed in I.A.No.468 of 2015 in AIR (SA) No.195 of 2013 and consequently direct the second respondent, to take AIR (SA) No.195 of 2013, on the file, without insisting on the payment of pre-deposit, as envisaged in Order, dated 6/4/2017, in I.A.No.46 of 2015 in AIR (SA) No.195 of 2013.

2. Learned counsel for the petitioner, seeks permission of this Court, to withdraw the writ petition, subject to the right of liberty, being granted to challenge the sale effected through private treaty and to that effect, he has also made an endorsement to that effect.

3. Placing on record the same, the instant writ petition is dismissed as withdrawn. Liberty is granted as prayed for. No costs. Consequently, the connected Miscellaneous Petition is closed.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To

1. The Authorised Officer Indian Bank, Circle office AVR Towers, III Floor No.4 Bharathi Road Cuddalore 607 001.

2. The Registrar The Debts Recovery Appellate Tribunal Ethiraj Salai, Chennai.

+ 1 cc to Mr.T.T.Ravichandran, Advocate Sr.No.64761 W.P.No.10897 of 2017 CO(CS) KP(10/10/2017)