M/S.B & C Machinery Ltd, v. The District Collector And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 03.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No. 35133 of 2014 and MP.No.1/2014 M/s. B & C Machinery Ltd., Sengadu Village, Poonamallee, Arakonam Road, Sriperumbudur, rep. By its Director.

Petitioner Vs.

1. The District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

2. M/s. State Bank of Travancore, Asset Recovery Management Branch, No.4/1 Eldams Road, Alwarpet, Chennai.18, rep. By its Authorised Officer.

3. The J.M. Financial Asset Reconstruction Company Pvt. Ltd., 7th floor, Cnergy, Appasaheb Marathe Marg, Prabhadevi, Mumbai 400 025.

As Assignees assigned from State Bank of India, SAM Branch, Red Cross Building, 32 Montieth Road, Egmore, Chennai 600 008.

(Formerly State Bank of Indore- Oriental House, 115 Broadway, Chennai-108 as per Government of India Order, the acquisition of State Bank of Indore, by State Bank of India (SBI) has become effective from 26th August 2010)

4. State Bank of Mysore, Chennai Main Branch, N.S.C. Bose Road, Chennai 600 001.

5. Central Bank of India, Asset Recovery Branch, 48/49, 3rd Floor, Montieth Road, Chennai 600 008.

6. Lakshmi Vilas Bank Limited, 70 Cathedral Road, Chennai 600 086.

7. Dena Bank, George Town Branch, 340 Mint Street, Chennai 600 079.

(RR 3 to 7 impleaded as per order dated 3.3.2015 in MP No.1/2015) Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records connected with the impugned order dated 19.12.2014 in RC No.M3/40473/2014 issued by the 1st respondent and quash the same and consequently forebear the first respondent or any person directed or nominated by the first respondent to take possession of the property subject matter of the impugned order.

For petitioner Mr. H. Karthik Seshadri For respondent Mr. N. Sakthivel Govt. Advocate - R1 Mr. M. Chidambaram for M/s. S.P. Chockalingam - R2 - - - - -

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Learned counsel appearing for the petitioner submits that on account of subsequent development, this writ petition has become infructuous and makes the following endorsement. " In view of the order passed by Hon'ble Debts Recovery Tribunal-I in S.A.No. 61 of 2015 on 17.02.2015, protecting the interest of petitioner and respondents, nothing survives in the writ

petition.

The writ may be disposed of in accordance with the aforesaid."

2. Having regard to the facts situation as aforestated, this writ petition is disposed of as having become infructuous. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar Dated:13.3.15 True Copy Sub Assistant Registrar To The District Collector and District Magistrate, Kancheepuram District, Kancheepuram.

+1 cc to Mr.SP.Chockalingam, Advocate,sR.12021 +1 cc to Mr.H.Karthik Seshadri, Advocate,Sr.11641. +1 cc to Government Pleader,SR.11641.

lrs(co) krd 18/3 W.P. No.35133 of 2014