H.Rajinikanthan v. Icici Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD 1.H.Rajinikanthan 2.J.Harikrishnan .. Petitioners Vs 1.ICICI Bank, Having its Registered Office at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara-390 007 rep. by its Authorised Officer S.Sathiamoorthy, Arihant Towers, Block No.1, Sp 24, Ambattur Industrial Estate, Chennai-600 058.

2.S.Karunakaran, Advocate Commissioner, No.242, MGR Nagar, Tindivanam Taluk, Molasur Village, Villupuram, Tamilnadu-604 102.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents, especially the first respondent from taking further action under SARFAESI Act, 2002 as amended and the rules made thereunder pursuant to the order of the Hon'ble Chief Judicial Magistrate, Egmore in Crl.M.P.No.37734/2023 dated 25.10.2023 in terms of Section 14 of the SARFAESI Act, 2002.

For the Petitioners : Mr.B.Satish Sundar For the Respondents : Ms.V.Rajeswari for respondent No.1

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Learned counsel for the petitioners, on instructions, seeks leave to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal.

2. In the light of that, the writ petition is dismissed as withdrawn. The petitioners may avail the alternative remedy. In that event, all contentions are kept open. There shall be no order as to costs. Consequently, W.M.P.No.10585 of 2024 is closed.

W.M.P.No.10584 of 2024 filed to permit the petitioners to file a single writ petition is allowed and disposed of, inasmuch as the petitioners have paid separate court-fee.

(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index :

Yes/No Yes/No bbr

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.

bbr 08.04.2024