M/S.Jcbl Marrel Tippers P. Ltd v. The Authorized Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No. 16295 to 16297 of 2015 AND MP.Nos.1, 1, 1/2015 .........
M/s.JCBL Marrel Tippers P. Ltd Through Director Sandip Chakroborty Regd.:
Plot No.75 1st Flr Indl Area Phase-1 Chandigarah-2 Works: Plot No.B-7/1 SIPCOT Indl Park, Village Vaipur-A, Sriperumpudur Taluk, Kancheepuram District 602 105.
.. Petitioner (In all the W.Ps.) vs.
1 The Authorized Officer Punjab National Bank, Asset Recovery Management Branch, PNB House II Floor Sector 17-B Chandigarh.
2 Rishi Aggarwal Director M/s.JCBL Marrel Tippers Pvt. Ltd.
H.No.111 Sector 9-B Chandigarh 160 009 3 Ram Gopal Arora Director M/s.JCBL Marrel Tippers Pvt. Ltd.
H.No.4 Young Dwellers Society Sector 49-A Chandigarh 160 049 4 Sandeep Chakraborty Director M/s.JCBL Marrel Tippers Pvt. Ltd.
H-23 Uppal Housing Complex, Manimajra Chandigarh.
5 Harjeet Singh Director M/s.JCBL Marrel Tippers Pvt. Ltd.
77A Gobind Nagar Ambala Cantt. (Haryana)
6 Pierre Andre Martel Director/JV Partner M/s.Bennes Marrel 77 A Gobind Nagar, Ambala Cantt. (Haryana), 6 Pierre Andre Martel, Director/JV Partner - M/s. Bennes Marrel.
7 M/s.Bennes Marrel JV Partner Director M/s.JCBL Marrel Tippers Pvt. Ltd.
both 6 & 7 at 77-Avenue Hanri Martin Paris (France) (Res 2 to 7 are pro-forma parties hence given-up) .. Respondents (In all the W.Ps.) Writ Petition in WP No. 16295 of 2015 filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records pertaining to possession Notice dated 14.5.2015 issued by the 1st respondent quash the same as illegal arbitrary and against principles of natural justice.
Writ Petition in WP No. 16296 of 2015 filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records pertaining to the e-auction sale notice dated 19.5.2015 published in Indian Express news daily e-paper on 21.5.2015 and issued by the first respondent, quash the same as illegal arbitrary and against principles of natural justice.
Writ Petition in WP No. 16297 of 2015 filed under Article 226 of the Constitution of India seeking a writ of Declaration Declaring all the actions initiated by the first respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the petitioner as illegal arbitrary and against principles of natural justice and ultravires and Statute.
For petitioner : Mr. R. Nagasundaram For respondents : --- - - - - - COMMON ORDER (Order of the Court was made by SATISH K. AGNIHOTRI, J.) Learned counsel appearing for the petitioner seeks permission to withdraw the writ petitions with liberty to avail the remedy before the Statutory Tribunal and makes an endorsement to that effect, as under:
" Petitioner may be permitted to withdraw these writ petitions with liberty to avail remedy before the statutory
Tribunal and to raise all the grounds raised in these writ petitions in addition to other available grounds." 2.
In view of the endorsement made by the learned counsel for the petitioner, these writ petitions are dismissed as 'withdrawn' with liberty as aforestated, if so advised, under the provisions of law. Consequently connected miscellaneous petitions are dismissed. No costs.
Sd/- Assistant Registrar True Copy Sub Assistant Registrar To The Authorized Officer Punjab National Bank, Asset Recovery Management Branch, PNB House II Floor Sector 17-B Chandigarh.
+1 cc to Mr.R.Nagasundaram, Advocate,SR.27814. Kgk(co) krd 18/6 W.P. Nos.16295 to 16297 of 2015