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Madras High CourtWP/9662/2024withdrawn dismissed

M/S. C.R.Mills (Coimbatore) Pvt Ltd. v. Indian Overseas Bank

2024-04-08Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

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 M/s.C.R.Mills (Coimbatore) P Ltd, rep. By its Director P.Ramasankar : Petitioner versus 1.Indian Overseas Bank, rep. By its Authorised Officer, Asset Recovery Management Branch, No.11/952 Cross Cut Road, Gandhipuram, Coimbatore 641 012 2.Indian Overseas Bank, Park Square Branch, rep. By the chief Manager, No.1027 A, Subramanya complex, Uppliyapalayam, Near VOC Park, Avinashi Road, Coimbatore 641018 3.The Registrar, The Debts Recovery Tribunal, Jawns Bhavan, 2nd and 3rd Floor, 27, T.B.Road, Coimbatore 641018 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records in IA No.878 of 2024 in SA No.167 of 2024 dated 08.03.2024 on the file

of the third respondent, quash the same as illegal and consequently direct Debts Recovery Tribunal, Coimbatore, to dispose of the case on its merits.

For Petitioner :

Mr.S.Rajesh For Respondents 1, 2 :

Ms.V.Rajeswari

ORDER

(Made by the Hon'ble Chief Justice) Learned counsel for the petitioner seeks leave to withdraw the writ petition with liberty to approach the appellate forum.

2. The writ petition is dismissed as withdrawn. The petitioner may avail the alternate remedy as may be permissible under law.

3. There shall be no order as to costs. WMP Nos.10691 and 10692 of 2024 are closed.

(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index : Yes/No : Yes/No tar

To 1.The Authorised Officer, Indian Overseas Bank, Asset Recovery Management Branch, No.11/952 Cross Cut Road, Gandhipuram, Coimbatore 641 012 2.The Chief Manager, Indian Overseas Bank, Park Square Branch, No.1027 A, Subramanya complex, Uppliyapalayam, Near VOC Park, Avinashi Road, Coimbatore 641018 3.The Registrar, The Debts Recovery Tribunal, Jawns Bhavan, 2nd and 3rd Floor, 27, T.B.Road, Coimbatore 641018

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

(tar) 08.04.2024