M/S.Sri Chithra Stores v. Central Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Sri Chithra Stores Rep. by its Proprietor P.Sivaramakrishnan Plot No.8 Old Door No.9 New Door No.49 Ethiraj Swamy Salai Erukkanchery Chennai-600 118.

: Petitioner versus Central Bank of India Rep. by its Authorised Officer Sembium Branch, Chennai-600 011.

: Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondent from proceeding with the recovery proceedings vide its impugned defective notice dated 13.02.2023 issued under Section 13(4) of SARFAESI Act 2002 pertaining to loan account No.3235638489 which is not only exfacie illegal but palpably not in accordance with the provisions of the SARFAESI Act 2002. For the Petitioner :

Mr.M.R.Uma Vijayan For the Respondent :

Mr.E.Vijayaraghavan

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.R.Uma Vijayan, learned counsel for the petitioner and Mr.E.Vijayaraghavan, learned counsel for the respondent.

2. The learned counsel for the petitioner submits that he has written a letter to the petitioner; however, the petitioner has not responded.

3. It appears that the petitioner is not interested in pursuing the writ petition. The writ petition as such is dismissed for nonprosecution. There will be no order as to costs. Consequently, WMP No.8358 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 21.11.2023 Index : Yes/No : Yes/No tar

To The Authorised Officer Central Bank of India Sembium Branch, Chennai-600 011.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 21.11.2023