Lakshmikanthan Manoharan v. M/S.Phoenix Arc Private Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date:- 12-02-2015 Coram The Honourable Mr. Justice SATISH K. AGNIHOTRI and The Honourable Mr. Justice M. VENUGOPAL W.P.No.32009 of 2014 and M.P.No.1 of 2014 Lakshmikanthan Manoharan S/o.R.Lakshmikanthan Now residing at No.35A 2nd Floor Pillayar Koil Street Rajaji Nagar Thiruvanmiyur Chennai-41 Petitioner Vs M/s.Phoenix Arc Private ltd.

7th Floor Dani Corporate Park No.158 C.S.T.Road Kalina Santacruz (E) Mumbai 400 098 rep. by its Authorised Signatory Mr. Amit Kumar Gupta Jayanthi W/o.L.Manoharan Now residing at No.35-A 2nd Floor Pillayar Koil Street Rajaji Nagar Thiruvanmiyur Chennai-41 The Chief Metropolitan Magistrate Egmore Chennai-8 Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari fied mandamus to call for the records pertaining to the order dated 23.7.2014 passed in Crl.M.P.No.4732/2014 on the file of the 3rd respondent and quash the same as illegal arbitrary and against principles of natural justice and consequentially restore possession to the petitioner For petitioner Mr. V. Parthiban For respondents Mr. R. Imayavaramban for M/s.Ramalingam Associates for R1 https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Judgment of the Court is delivered by SATISH K. AGNIHOTRI,J.) In the light of the judgment in Kanaiyalal Lalchand Sachdev Vs. State of Maharashtra (2011 (2) SCC 782), the learned counsel for the petitioner submit that he may be permitted to withdraw the writ petition with a liberty to approach the Debt Recovery Tribunal. He has also made endorsement as under: "In the light of the decision of the Hon'ble Apex Court reported in 2011 (2) SCC 782, the petitioner seeks permission to withdraw WP 32009/2014 with liberty to approach the DRT against the order passed by the learned CMM, Egmore on 23/07/2014 in Crl MP 4732/14." In view of the above, the writ petition is dismissed with liberty as prayed for. No costs. The connected miscellaneous petition is also dismissed.

Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar glp To The Chief Metropolitan Magistrate Egmore Chennai-8 2 ccs to M/s. Ramalingam & Associates,. Sr. 7761 2 ccs to M/s. Rajendran Raghavan , Sr. 7693 W.P.No.32009 of 2014 TEJ (CO) kk 23/2 https://hcservices.ecourts.gov.in/hcservices/