M/S.Jayaram Electricals Pvt Ltd v. The General Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR M/s Jayaram Electricals Private Ltd., (Electrical Engineers & Contractors & Consultants) rep.by its Director Mr.Nirmaal Prabhu No.5, Papanasam Sivan Salai Santhome, Chennai 600 004 ..
Petitioner v.
1. The General Manager Indian Overseas Bank Central Office 763, Anna Salai Chennai 600 002
2. The Authorised Officer Indian Overseas Bank Asset Recovery Management Branch Ground Floor, Central Office Main Building 763, Anna Salai Chennai 600 002
3. M/s Ferdous Hotel Pvt Ltd., rep.by its Director Mr.Ershad Ahamed
No.26/27, Santhome High Road A Block, 5th Floor Mylapore, Chennai 600 004 ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Prohibition, calling upon the proceedings of the 2nd respondent issued a sale notice dated on 12.02.2020 under the SARFAESI Act, 2002 r/w Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 and further continuation of sale proceedings in New Door No.20, Old No.9C, R.S.No.1731/17, an extent of 8 grounds land with buildings in R.K.Salai, Mylapore and Old Door No.9D, Present Door No.6, New R.S.No.1731/57, an extent of 10 grounds land with buildings in R.K.Salai, Mylapore, Chennai, in accordance with law. For Petitioner ::
Mr.C.Nithysh Sekhar For Respondents ::
Mr.M.L.Ganesh for R1 & R2 R3-Service awaited
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) The writ petition is misconceived. The prayer in the writ petition is to prohibit the respondent-Bank from proceeding with the sale notice dated 12.02.2020. The writ petition is pending for more than four years, even though the prayer cannot be conceded on any factual situation. It is also stated that the sale pursuant to the sale notice dated 12.02.2020 had not taken place and therefore the prayer in the writ petition has become
infructuous. On the first ground that the writ petition with such a prayer is not maintainable, this writ petition stands dismissed. Consequently, W.M.P.No.8467 of 2020 is also dismissed. No costs. Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 06.06.2024 ss To
1. The General Manager Indian Overseas Bank Central Office 763, Anna Salai Chennai 600 002
2. The Authorised Officer Indian Overseas Bank Asset Recovery Management Branch Ground Floor, Central Office Main Building 763, Anna Salai Chennai 600 002
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 06.06.2024