M/S.Annai Builders Real v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14/12/2016 C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj Writ Petition No.32226 of 2014 M/s. Annai Builders Real Estates Pvt Ltd rep. By its Special Officer Alpha Center, 4th Floor 150/151 North Usman Road T.Nagar Chennai 600 017.

...

Petitioner Vs

1. Union of India rep. By the Secretary to Government Ministry of Finance Department of Economic Affairs (Banking Division) North Block New Delhi.

2. The Governor Reserve Bank of India Central Office Mumbai.

3. The Authorised Officer State Bank of India Raja Plaza First Floor No.1112 Avinashi Road Coimbatore 641 037.

4. N. Ashok

5. N. Balaji.

...

Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Declaration to declare Section 2 (1) (o) of the SARFAESI Act, 2002 and Clause 2.1 of prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances issued by the second respondent as ultra vires the Constitution of India, void abinitio, illegal and unconstitutional and consequently forbear the third respondent Bank from continuing the proceedings initiated under the provisions of SARFAESI Act, 2002 as against the petitioner herein with reference to the subject property more fully set out in the petition schedule. For petitioner ...

Mr.K.Prabhu No appearance.

For Respondent ... No Appearance

O R D E R

(Order of the Court was made by S.Manikumar,J) This writ petition has been filed praying for the issuance of a writ of Declaration to declare Section 2 (1) (o) of the SARFAESI Act, 2002 and Clause 2.1 of prudential norms on Income Recognition, Asset Classification and Provisioning, pertaining to Advances issued by the second respondent as ultra vires and consequently forbear the third respondent Bank from continuing the proceedings initiated under the provisions of SARFAESI Act, 2002 as against the petitioner herein with reference to the subject property more fully set out in the petition schedule.

2. When the matter came up for hearing on 12/12/2016, there was no representation on behalf of the petitioner. Hence the matter is listed today. Even today, there is no representation on behalf of the petitioner. Therefore, we are constrained to dismiss the writ petition.

3. Accordingly, this writ petition is dismissed for nonprosecution. No costs.

Consequently, the connected Miscellaneous Petitions are closed.

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

mvs.

To

1. The Secretary to Government Union of India Ministry of Finance Department of Economic Affairs (Banking Division) North Block New Delhi.

2. The Governor Reserve Bank of India Central Office Mumbai.

3. The Authorised Officer State Bank of India Raja Plaza First Floor No.1112 Avinashi Road Coimbatore 641 037.

pvs(CO) md(04/01/2017) Writ Petition No.32226 of 2014