M/S.Vijex And Company v. Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 9840 of 2020 & W.M.P.No.11958 of 2020

1. M/s.Vijex and Company A Partnership Firm Rep by its Partner Mr. Vijay Chand Jain, At Kamala Arcade, Old No. 669 (New No. 306), Mount Road, Thousandlights, Chennai- 600 006.

2. Vijay Chand Baid

3. Bharathi Baid

4. Nilesh Kumar Baid

5. Sunita Baid .. Petitioners Vs The Authorized Officer PNB Housing Finance Limited, Branch Office at Sudarshan Building 3rd Floor No.14 Whites Road, Royapettah, Chennai- 600 014.

.. Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the respondent culminating in the sale notice vide Ref.No.PNBHFL/ PSN/ Chennai/ July/FY. 2020/ 02 dated 08.07.2020 bringing for auction sale of the mortgaged property on 28.07.2020 at the Branch Office of the respondent between 11.A.M. to 2.30.P.M. and quash the same and direct the respondent to extend EMI Moratorium as per extant guidelines of the RBI.

For Petitioners .. Mr.K.Shakespeare For Respondent .. Mr.Sai Krishnan https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Challenging the sale notice dated 08.07.2020 and for a consequential direction to the respondent to extend E.M.I. moratorium as per extant guidelines of the Reserve Bank of India, the present writ petition has been filed. 2.When the matter is taken up for hearing, learned counsel appearing for the respondent Bank submitted that no auction has taken place.

3.In such view of the matter, nothing survives for adjudication in this writ petition. If the petitioner has got any grievance for future auction, he can work out the remedy in the manner known to law. Accordingly, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Authorized Officer PNB Housing Finance Limited, Branch Office at Sudarshan Building 3rd Floor No.14, Whites Road, Royapettah, Chennai- 600 014.

+1cc to Mr.K.Shakespeare, Advocate Sr.No.27575 W.P.No.9840 of 2020 nrl (co) rr ii (09/09/2020) https://hcservices.ecourts.gov.in/hcservices/