K. Natarajan v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP Nos.16007 and 16006 of 2025 K.Natarajan : Petitioner versus 1.The General Manager, Canara Bank, Circle Ofice, Anna Salai, Chennai 600 002 2.The General Manager, Vigilance Wing, Canara Bank, Head Office, J.C.Road, Bangalore 560002 3.C.Karthikeyan 4.The Authorised Officer, Canara Bank, Asset Recovery Management Branch, Gujarati Samaj Building, 661-1, Mettupalayam Road,

R.S.Puram, Coimbatore 641 002 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the 4th respondent culminated in the auction notice for sale of immovable properties under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 r/w proviso to Rule 8(6) of the Security Interest (Enforcement) Rules 2002 dated 11.03.2025 for the auction of property situated at M/s.Sri Krishna Food Products S.F.No.307/3B, Pallamarathottam, Pothiyampalayam, Vadugapalayam Post, S.S.Kulam, via Coimbatore 641107 quash the same and consequently forbearing the respondents their men and agents from interfering with the peaceful possession and enjoyment of the same by the petitioner.

For Petitioner :

Mr.N.Sampath

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) After the petition was heard for some time, counsel sought leave to withdraw the petition, with liberty to approach the Debts Recovery Tribunal.

2. Petition is dismissed as withdrawn, with the liberty as prayed for. There will be no order as to costs. Consequently, the interim applications also stand disposed of.

3. We clarify that we have not made any observation on the merits of the matter.

(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 23.04.2025 Index : Yes/No : Yes/No tar Registry to note:

Issue order copy today To 1.The General Manager, Canara Bank, Circle Ofice, Anna Salai, Chennai 600 002 2.The General Manager, Vigilance Wing, Canara Bank, Head Office, J.C.Road, Bangalore 560002 3.The Authorised Officer, Canara Bank, Asset Recovery Management Branch, Gujarati Samaj Building, 661-1, Mettupalayam Road,

R.S.Puram, Coimbatore 641 002

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ , J.

(tar) 23.04.2025