M/S.Naihaa Retail P Ltd., v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31/8/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K. SASIDHARAN Writ Petition No.26236 of 2014

1. M/s. Naihaa Retail P Limited rep. By its M.D.Mr.Aravind.

2. M/s.NH Baby Care P Limited rep. By its M.D.Mr.R.Aravind.

3. M/s.NH Lingerie P Limited rep. By its M.D.Mr.R.Aravind All having Office at Rama's Aalayam T. Nagar Chennai 600 017.

...

Petitioners Vs

1. The Authorized Officer Indian Overseas Bank Nungambakkam Branch Nungambakkam Chennai 600 034.

2. The Assistant General Manager Indian Overseas Bank Nungambakkam (0183) Branch 109 Nungambakkam High Road Chennai 600 034.

3. Dr.Chellakumar

4. M/s. Rathna Fan House Pvt Ltd rep. By its Director Mr.K.S.Krishnamurthy No.8/2 Rajabathar Street T. Nagar Chennai 600 017.

5. M/s.Rathna Cools Private Limited rep. By its Director K.Vijay 8/2 Rajabathar Street T. Nagar Chennai 600 017.

...

Respondents (R.R.4 and 5 - impleaded as per order dated 10/12/2014 by NPVJ & PRSJ in M.P.2/14 in W.P.26236/2014.

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of declaration declaring that the Auction Sale held on 4/8/2014 in favour of the third respondent and the two extensions made on 18/8/2014 and 8/9/2014 for payment of the remaining 75% of the sale price after the initial payment made on 4/8/2014 without the consent of the petitioners (Borrowers) in writing in violation of Rule 9 (4) of the Security Interest (Enforcement) Rules, 2002 is null and void and liable to be set aside. For petitioner ...

No appearance For respondents ...

Mr. F.B.Benjamin George for R.R.1 and 2.

Mr.M.Venkatachalapathy, Senior Counsel for M/s.M.Sriram and Ramesh Venkatachalapathy for R.3.

Mr.P.B.Balaji for R.R.4 and 5.

O R D E R

(Order of the Court was made by SATISH K. AGNIHOTRI,J.) When the matter was called in the first round, there was no representation on behalf of the petitioners. Hence, the matter was passed over. Again, when the matter was called in the second round, none appeared on behalf of the petitioners nor was there any representation made on their behalf. Hence, the writ petition is

dismissed for non-prosecution. No costs. Connected Miscellaneous Petitions are closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar mvs/ra.

To +1 cc to Mr.P.B.Ramanujam, Advocate, sr.46504 +1 cc to Mr.M.Sriram, Advocate, sr.46665 +1 cc to Mr.R.Manickavel, Advocate, sr.46745 +1 cc to Mr.F.B.Benjamin George, Advocate, sr.46415 W.P.No.26236 of 2014 lrs co kra 23/09