Madras High CourtWP/11240/2020disposed of

K.Paramasivam v. The Manager

2020-09-04Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 11240 of 2020 and W.M.P.No.13707 of 2020 K.Paramasivam .. Petitioner vs

1. The Manager Canara Bank, Tiruppur SME Branch,Tiruppur.

2. The Authorized Officer, Canara Bank, Tiruppur.

3. Muthukumar. K.C.

4. Shrivarshini.P Rep by Guardian Father Paramasivam

5. Minor.Sidhaarth Rep by Guardian Father Paramasivam ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records pertaining to sale notice dated 15.07.2020 issued by Respondent No.2 quash the same and forbear the respondents 1 and 2 from continuing with the proceedings of sale pursuant to the Re-Tender- Cum-Auction sale Notice 15.07.2020 initiated under provisions of the SARFAESI Act. For Petitioner ..

Mr.G.R.Deepak For Respondents ..

Mr.Farood Khan for R1 & R2

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Challenging the sale notice dated 15.07.2020 issued by the second respondent under Section 13(4) of the SARFAESI Act, the present writ petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that pursuant to the order passed by this Court on 21.08.2020, the petitioner filed an application before the Debts Recovery Tribunal, Coimbatore and it is yet to be numbered.

3. Considering the above, we direct the Debts Recovery Tribunal, Coimbatore to number the application stated to have been filed by the petitioner and consider the interim application filed within a period of one week from the date of receipt of a copy of this order. Till such time, status quo as on today shall be maintained.

4. The writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Presiding Officer, Debts Recovery Tribunal, Coimbatore.

+1cc to M/s.G.R.Deepak, Advocate in Sr.29074 W.P.No. 11240 of 2020 VG-II(CO) RV(01/10/2020) https://hcservices.ecourts.gov.in/hcservices/