Jayavelu v. The Chief Metropolitan Magistrate Court

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.10895 and 10898 of 2025 Jayavelu .. Petitioner vs 1.The Chief Metropolitan Magistrate Court, Egmore, Chennai District.

2.ICICI Bank, 24th South Phase, Arihant Towers, 2nd Floor, East Wing, BLG, Ambattur Industrial Estate, Ambattur, Chennai-600 058.

3.Thalapushpam 4.Jeeva .. Respondents Prayer : Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records relating to the order in Crl.M.P.No.26206 of 2022 dated 8.2.2023 under Section 14 of SARFAESI

Act on the file of the first respondent and to quash the same consequently to pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.M.Nagoor Moideen For Respondents : Mr.Krishna for M/s.Acquity Law Associates for respondent No.2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) After the petition was heard for some time, counsel sought leave to withdraw the petition with liberty to approach the Debts Recovery Tribunal.

2. Petition is dismissed as withdrawn with liberty as prayed for. If petitioner approaches the Debts Recovery Tribunal within two weeks from today, delay, if any, shall be deemed to have been condoned. There shall be no order as to costs. Consequently, interim applications are closed.

We clarify we have not made any observation on the merits of the matter.

(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 26.03.2025 Index :

Yes/No NC :

Yes/No bbr To 1.The Chief Metropolitan Magistrate, Egmore, Chennai District.

2.ICICI Bank, 24th South Phase, Arihant Towers, 2nd Floor, East Wing, BLG, Ambattur Industrial Estate, Ambattur, Chennai-600 058.

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ ,J.

bbr 26.03.2025