S.T.Prasad v. Chief Manager And Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and WMP Nos.8697 & 8701 of 2020 S.T.Prasad ..Petitioner Vs.

1. Chief Manager and Authorised Officer, Bank of India, Chennai Large Corporate Branch, 4th Floor, Tarapore Towers, 826, Anna Salai, Chennai 600 002.

2. M/s. Sujana Universal Industries Ltd., Plot No.18, Nagarjuna Hills, Panjagutta, Hyderabad 500 082.

3. Shri Y.S.Chowdary ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the records with respect of the sale notice issued under Rule 8 & 9 of the Security Interest (Enforcement) Rules, 2002 dated 19.02.2020 for auction on 23.03.2020 with respect to the petitioner property situated at Sri Sai Nagar in S.No.160/1 and 160/2 of Koluthuvancherry Village, Sriperumbudur Taluk, Chengelpet 1/4

District, admeasuring an extent of 7560 sq. ft. and to quash the same on the ground that the measures under Section 13(4) of the SARFAESI Act, 2002 and under Rule 8 & 9 of the Security Interest (Enforcement) Rules, 2002 by the 1st respondent on limitation being the subject matter pending before the Tribunal in S.A.No.13 of 2020.

For Petitioner : Mr.M.Vasanthakumar For Respondets : No appearance

O R D E R

(Order of the Court was delivered by R.SUBRAMANIAN, J.) The learned counsel for the petitioner would submit that the Writ Petition would infructuous, since the sale had not taken place as advertised.

2. Recording the statement made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. (R.SUBRAMANIAN, J.) (R.SAKTHIVEL, J.) jv 05.04.2024 2/4

Index: No Internet:Yes Non-speaking order To The Chief Manager and Authorised Officer, Bank of India, Chennai Large Corporate Branch, 4th Floor, Tarapore Towers, 826, Anna Salai, Chennai 600 002.

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R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

jv and WMP Nos.8697 & 8701 of 2020 05.04.2024 4/4