B.Sabarinath v. The Reserve Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.04.2022 Coram:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.10187 of 2022 and W.M.P.Nos. 9885, 9886 and 9887 of 2022

1. Mr. B. Sabarinath

2. Mrs. S. Uma Maheswari

...Petitioners

Vs.

1. The Reserve Bank of India, Headquarters at Main Building, P.O. Box 901, Shahid Bhagat Singh Road, Mumbai 400 001.

2. The Manager, The Reserve Bank of India, Regional Office at Fort Glacis, 16, Rajaji Road, Fort St George, Chennai - 600 001.

3. The Manager, Punjab National Bank, No. 774, Oppanakara Street, Coimbatore.

4. Mrs. N.Shanthi

5. M/s. HI5 Enterprises, Represented by its Proprietor, No, 310- A, 1st Floor, Rajaji Road, Opp. to Kannan Departmental Stores, Cross Cut Road, Gandhipuram, Coimbatore - 641012.

6. Mrs. G. Selvakumaran

7. Mrs. Mary Maragatham

8. Mr. R. Rajendran

9. Mrs. L. Amutha

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, for setting aside the Sale Certificate dated 09.12.2021 issued by the third respondent herein registered as Document No.7862 of 2021 and thereby directing the respondents 1 and 2 to prosecute the 3rd respondent for misappropriation as well as squandering of public money by colluding with respondents 4 to 8.

For petitioners : M/s.A.Parthasarathy

ORDER

(The Order of the Court was made by The Honourable Chief Justice) Learned counsel appearing for the petitioners seeks permission to withdraw the writ petition. As prayed for by him, the writ petition is dismissed as withdrawn, with liberty to avail the remedy of Appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Consequently, the connected WMPs are closed. There shall be no order as to costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar cs/mrn To

1. The Reserve Bank of India, Headquarters at Main Building, P.O. Box 901, Shahid Bhagat Singh Road, Mumbai 400 001.

2. The Manager, The Reserve Bank of India, Regional Office at Fort Glacis, 16, Rajaji Road, Fort St George, Chennai - 600 001.

3. The Manager, Punjab National Bank, No. 774, Oppanakara Street, Coimbatore.

W.P.No.10187 of 2022 MG(CO) SP(12/05/2022)