M/S.Sathya Granites, v. State Bank Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2018
CORAM
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.Nos.18791 to 18795 of 2016 Sathya Granites a registered Partnership Firm rep. by its Managing Partner 69, Adhiyaman Bye Pass Road Dharmapuri - 636 701.
.. Petitioner in WP:18791/2016 P.K.P.Minerals Private Limited rep. by its Managing Director 69, Adhiyaman Bye Pass Road Dharmapuri - 636 701.
.. Petitioner in WP:18792/2016 PKP Feed Mills Private Limited rep. by its Managing Director 69, Adhiyaman Bye Pass Road Dharmapuri - 636 701.
.. Petitioner in WP:18793/2016 Thilagavathy Traders a registered Partnership Firm rep. by its Managing Partner P.K.Pounraj, 69, Adhiyaman Bye Pass Road Dharmapuri - 636 701.
.. Petitioner in WP:18794/2016 Shri PKP Spintex Mills Pvt. Ltd.
rep. by its Managing Director 5A, South Railway Road Kumarasamypet Dharmapuri - 636 703.
.. Petitioner in WP:18795/2016
Vs.
State Bank of India rep. by its Authorised Officer Stressed Assets Management Branch 1112, Raja Plaza, Avinashi Road Coimbatore - 641 037.
.. Sole Respondent in W.P.Nos.18791 to 18794 of 2016 and 1st respondent in W.P.No.18795 of 2016 Asset Reconstruction Company (India) Ltd.
The Ruby, 10th Floor 29, Senapati Bapat Marg Dadar (West), Mumbai - 400 028.
.. 2nd respondent in W.P.No.18795/2016 PRAYER in W.P.No.18791 of 2016: Petition under Article 226 of the Constitution of India for issuance of writ of Certiorari to call for records of the respondent comprised in their possession notices dated 7.5.2016 bearing reference No.SAMB/CBE/228 and 11.5.2016 in SAMB/CBE/238 and quash the same as arbitrary, illegal and unconstitutional.
PRAYER in W.P.No.18792 of 2016: Petition under Article 226 of the Constitution of India for issuance of writ of Certiorari to call for records of the respondent comprised in their possession notice dated 11.5.2016 bearing reference No.SAMB/CBE/239 and quash the same as arbitrary, illegal and unconstitutional. PRAYER in W.P.No.18793 of 2016: Petition under Article 226 of the Constitution of India for issuance of writ of Certiorari to call for records of the respondent comprised in their possession notice dated 11.5.2016 bearing reference No.SAMB/CBE/240 and quash the same as arbitrary, illegal and unconstitutional. PRAYER in W.P.No.18794 of 2016: Petition under Article 226 of the Constitution of India for issuance of writ of Certiorari to call for records of the respondent comprised in their impugned notice dated 12.5.2016 bearing reference No.SAMB/CBE/251 and quash the same as arbitrary, illegal, unconstitutional and ultra vires the provisions of SARFAESI Act.
PRAYER in W.P.No.18795 of 2016: Petition under Article 226 of the Constitution of India for issuance of writ of Certiorarified Mandamus to call for records of the first respondent comprised in their impugned order dated 11.4.2016 bearing reference No.SAMB/CBE/CLO/III/42 and quash the same as arbitrary, illegal, ultravires unconstitutional and ultra vires and direct the respondents to follow the guidelines of Reserve Bank of India for arriving at one time settlement in a fair and transparent manner.
For Petitioners : Mr.S.Ramesh For Respondents : Mr.P.Ilayarajkumar forM/s.Ramalingam Associates in W.P.No.18791 to 18794/2016 and for 1st Respondent in W.P.No.18795/2016 : R2 NA in W.P.No.18795/2016 COMMON ORDER In view of the order of the Supreme Court dated 10.11.2017 passed in SLP (C) Nos.27136 to 27149 of 2016 which records that the parties have arrived at a settlement, nothing survives in these writ petitions at this stage and hence, these writ petitions are dismissed as infructuous.
No costs.
Consequently, W.M.P.Nos.16401 to 16414 are closed. s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar sasi To 1.The Authorised Officer State Bank of India Stressed Assets Management Branch 1112, Raja Plaza, Avinashi Road Coimbatore - 641 037.
+2 Ccs to Ramalingam and Associates sr 73138. W.P.Nos.18791 to 18795 of 2016 JP(CO) SP(09/11/2018)