P.Rajesh v. The Canara Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. P.Rajesh

2. M.Pachamuthu ..

Petitioners Vs.

1. The Canara Bank Rep. by its Manager SME, Perambalur Branch Perambalur - 621 212.

2. The Authorized Officer Asset Recovery Management Branch 1st Floor, Regional Office Building Muthiah Towers, Williams Road Trichy - 620 001.

3. R.Mohanraj ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the respondent 1 and 2 from proceeding with the e-auction dated 13.03.2023 based on the sale notice dated 8.02.2023 and consequently not to issue sale certificate in favour of 3rd respondent.

For the Petitioners : Mr.P.Ravishankar Rao For the Respondents : Ms.Vinitra Srinivasan for M/s.NVS & Associates for R1 and R2 R3 not ready in notice

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Ravishankar Rao, learned counsel for the petitioners and Ms.Vinitra Srinivasan, learned counsel for M/s.NVS & Associates for respondents 1 and 2.

2. Learned counsel for the petitioners submits that after the filing of the present writ petition, subsequently, sale certificate has been issued. The petitioners may be permitted to challenge the said sale certificate.

3. The same is a subsequent event. The petitioners may assail the said sale certificate, as permissible under law. In that event, all the contentions of the respective parties are kept open.

4. In view of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.9304 & 9305 of 2023 are closed.

(S.V.G., CJ.) (P.D.A., J.) 31.07.2023 Index :

Yes/No :

Yes/No drm

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 31.07.2023