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Madras High CourtWP/33609/2013dismissed as infructuous

Kannan v. Tamilnadu Industrial

2021-07-08Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2021

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.33609 of 2013 and M.P.No.1 of 2013 Kannan .. Petitioner vs.

Tamil Nadu Industrial Cooperative Bank Ltd., Rep. By its Branch Manager, Tiruvannamalai Branch, Tiruvannamalai.

..

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records in relation to the auction notice dated 28.11.2013 issued by the respondent and quash the same.

For Petitioner : Mr.R.Dilli Kumar For Respondent : Mr.A.Selvendran, Government Advocate.

O R D E R

The petitioner has filed this writ petition challenging the impugned auction notice of the respondent dated 28.11.2013.

2. At the time of admission, this Court has passed a conditional order dated 10.12.2013, by directing the petitioner to pay Rs.3,00,000/- within a period of three weeks from the date of the order, failing which the interim stay granted would stand vacated automatically without further reference to this Court. Admittedly, the said conditional order has not been complied by the petitioner and that apart, a perusal of the impugned auction notice dated 28.11.2013 would disclose that the public auction was scheduled on 10.12.2013 and the aforesaid period has already expired and therefore, no further orders are necessary in this writ petition.

3. In view of the above, this writ petition stands dismissed as infructuous. No costs. Consequently, connected https://hcservices.ecourts.gov.in/hcservices/

miscellaneous petition is dismissed. It is open to the respondent to proceed further for recovery of the amount from the petitioner, in accordance with law.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar Jvm To The Branch Manager, Tamil Nadu Industrial Cooperative Bank Ltd., Tiruvannamalai Branch, Tiruvannamalai.

+1cc to Mr.R.Rajarajan, Advocate, S.R.No. 32167 +1cc to the Government Pleader, S.R.No. 3259, 32137 W.P.No.33609 of 2013 SKY(CO) GN(03/08/2021) https://hcservices.ecourts.gov.in/hcservices/