M/S.Ksr Exports, v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition Nos.4915, 4916, 5287 to 5292 of 2014 and M.P.Nos.1, 1, 1 to 1 of 2014 M/s.KSR Exports, Rep. by Mr.A.R.Aasaithambhee (Managing Partner) KozhikkalNatham Road, Tiruchengode, Namakkal District, Tamil Nadu, Pin 637 211. ...Petitioner in W.P.4915/14 M/s. KSR Textile Pvt. Ltd., rep by Authorised Signatory Mr.A.R. Aasaithambhee Tamilnadu

...Petitioner in W.P.4916/14

Sh.K.S. Rangasamy

...Petitioner in W.P.5287/14

Sh. R. Srinivasan

...Petitioner in W.P.5288/14

Smt. R. Rajammal

...Petitioner in W.P.5289/14

Smt. Kavitha Srinivas

...Petitioner in W.P.5290/14

Smt.A. Amutha

...Petitioner in W.P.5291/14

Sh.AR. Aasaithambhee

...Petitioner in W.P.5292/14

Vs.

1.State Bank of Patiala MID CORPORATE BRANCH, 30, Whites Road, Chennai - 600 014.

2.Summer India Textile Mills Private Limited, Rep. by Mr.Prabhakaran, General Manager, No.176/2-A, Kozhikkalanatham Road, Tiruchengode - 637 211.

..Respondents in all WPS Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records of the respondent No.1's Demand Notice Ref.No.192, 194, 187, 189, 191, 193, 190 and 188 dated 06.02.2014 and to quash the same.

For Petitioner in all W.Ps.

: Mr.S.V.Pravin Rathinam For Respondents in all W.Ps.

R1 : Mr.K.Balamurali for M/s.Shivakumar and Suresh R2 : No appearance COMMON ORDER (Order of the Court was made by HULUVADI G. RAMESH,J.) These writ petitions were filed praying to issue a writ of Certiorari, to call for the records relating to the Demand Notices dated 06.02.2014 issued by the first respondent and quash the same.

2.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the first respondent.

3.The learned counsel appearing for the first respondent submitted that the first respondent, namely, State Bank of Patiala has already been assigned to Asset Reconstruction Company of India Limited and hence the writ petitions filed by the petitioners challenging the demand notices issued by the first respondent on 06.02.2014 have become infructuous.

4.In the above circumstances, this Court is of the view that once the first respondent, viz., State Bank of Patiala has been assigned to the Asset Reconstruction Company of India Limited, the writ peititons filed by the petitioners herein have become infructuous and the petitioners have to challenge the fresh demand notice, if any, issued by the Asset Reconstruction Company of India Limited.

6.Accordingly, the Writ Petitions are dismissed as infructuous. However, the petitioners are at liberty to work out their remedy before the appropriate authority, if any fresh demand notices were issued or any action has been taken against the petitioners. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar cse

To 1.State Bank of Patiala MID CORPORATE BRANCH, 30, Whites Road, Chennai - 600 014.

2.Summer India Textile Mills Private Limited, Rep. by Mr.Prabhakaran, General Manager, No.176/2-A, Kozhikkalanatham Road, Tiruchengode - 637 211.

2 ccs to M/s.S.V. Pravin Rathinam, Advocate, Sr. 31349 1 cc to M/s. Shivakumar and Suresh, Advocate, Sr. 31303 W.P.Nos.4915, 4916, 5287 to 5292 of 2014 and M.P.Nos.1, 1, 1 to 1 of 2014 ALA (CO) kk 29/6