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Madras High CourtWP/2082/2016dismissed as infructuous

V.Aasaithambi, v. The Chairman

2019-03-04Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:04.03.2019

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA W.P.No.2082 of 2016 and W.M.P.No.1817 of 2016 V.Aasaithambi .. Petitioner Vs.

1. The Chairman, National Commission for Scheduled Caste, and Scheduled Tribe, 5th Floor, Lok Nayak Bhavan, Khan Market, New Delhi 110 003.

2. The Executive Manager, Indian Oil Corporation, Marketing Division, Southern Region, Indian Oil Bhavan, No.13, Magathama Gandhi Road, Nungambakkam, Chennai 34.

3. The Chief Divisional Retail Sales Manager, Indian Oil Corporation Ltd., Marketing Division, Salem Divisional Office, 234, 1st Floor, NH-7, Salem-Bangalore Byepass Raod, Kondalampatti, Salem 636 010.

4. The Chief Manager, Indian Bank Zonal Office, MSME Department, No.15/1, Divya Towers, 3rd Floor, Fort Main Road, Salem 636 001.

5. The Chief Manager, Indian Bank, Kolathur, Metur Taluk, Salem District .. Respondents PRAYER :

Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to impugned proceedings in Ref.S LMDO:R:Kaveripuram dated 30.10.2015 passed by the third respondent and impugned order dated 17.12.2015 passed by the

fifth respondent and quash the same as being illegal, arbitrary, unconstitutional and consequently direct the first respondent to conduct the enquiry based on the petitioner's representation dated 31.08.2015 for the 4th and 5th respondents corrupt practice in non grant of loan to the petitioner. For Petitioner : Mr.T.Sundaravadanam For R1 : Mr.G.Karthikeyan Assistant Solicitor General of India For R2 and 3 : Mr.Mohamed Fayaz Ali For R4 and 5 : Mr.O.S.Karthikeyan

O R D E R

The impugned show cause notice dated 30.10.2015 was issued for violation of the terms and conditions of Dealership Agreement and the Working Capital Agreement signed by the petitioner, which is against the interest and goodwill of the Corporation.

2. It is stated by the learned counsel for the petitioner that the petitioner was given financial assistance by some other Banks and he revived his business. Hence, the show cause notice has automatically become infructuous. Learned counsel appearing for the respondents 2 and 3 also admit the same.

3. Recording the above said statements, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar srn

1. The Chairman, National Commission for Scheduled Caste, and Scheduled Tribe, 5th Floor, Lok Nayak Bhavan, Khan Market, New Delhi 110 003.

2. The Executive Manager, Indian Oil Corporation, Marketing Division, Southern Region, Indian Oil Bhavan, No.13, Magathama Gandhi Road, Nungambakkam, Chennai 34.

3. The Chief Divisional Retail Sales Manager, Indian Oil Corporation Ltd., Marketing Division, Salem Divisional Office, 234, 1st Floor, NH-7, Salem-Bangalore Byepass Raod, Kondalampatti, Salem 636 010.

4. The Chief Manager, Indian Bank Zonal Office, MSME Department, No.15/1, Divya Towers, 3rd Floor, Fort Main Road, Salem 636 001.

5. The Chief Manager, Indian Bank, Kolathur, Metur Taluk, Salem District +1cc to Mr.T.Sundaravadanam, Advocate, S.R.No.19796 +1cc to Mr.G.Karthikeyan, Advocate, S.R.No.19808 +1cc to Mr.Mohamed Fayaz Ali, Advocate, S.R.No.19818 W.P.No.2082 of 2016 and W.M.P.No.1817 of 2016 SSV(CO) CS/04/04/2019