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Madras High CourtWP/11613/2020closed

U.Balamurali v. Securities And Exchange Board Of India

2020-08-27Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11613 of 2020 and WMP Nos.14239 and 14240 of 2020 U.Balumurali Son of Umapathi residing at No.866, Maruthi Nagar 4th Cross Street, Ammapettai Salem - 636 003.

...Petitioner

Vs.

1. Securities and Exchange Board of India (SEBI), Southern Regional Office Chennai, Rep. By its Chief General Manager, Overseas Tower, 7th floor, 756-L, Anna Salai, Chennai 600 002.

2.Jones Lang Lasalle Property Consultants (India) Private Limited, Rep. By its Manager, City Builders, T.T.Krishnamachari Road, Alwarpet, Teynampet, Chennai, Tamil Nadu 600 018.

3.T.Vinay Rajneesh, Deputy General Manager & Recovery Officer, Securities and Exchange Board of India (SEBI), Overseas Tower, 7th floor, 756-L, Anna Salai, Chennai 600 002.

...Respondents

Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of certiorari to call for the records of the third respondent in Notice of sale for e-auction of immovable properties of M/s.Asurre Agrowtech Ltd. Dated 30.07.2020 w.r.t. Item 3 in property 3 of description of immovable properties at Kooachedu Village, Yercaud Taluk, Sub Registrar Office Yercaud with Survey No.1/7D of 3.11 Acres and Survey No.1/4E of 9.05 acres and quash the same as illegal, unconstitutional and without jurisdiction.

For Petitioner :

Mr.V.Raghavachari For Respondents :

Mr.C.Prasanna Venkatesh Standing Counsel for R1 & R3

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. This writ petition is filed to call for the records of the third respondent in Notice of sale for eauction of immovable properties of M/s.Asurre Agrowtech Ltd. Dated 30.07.2020 w.r.t. Item 3 in property 3 of description of immovable properties at Kooachedu Village, Yercaud Taluk, Sub Registrar Office Yercaud with Survey No.1/7D of 3.11 Acres and Survey No.1/4E of 9.05 acres and quash the same as illegal, unconstitutional and without jurisdiction.

3. Mr.C.Prasanna Venkatesh, learned Standing Counsel, who takes notice for the respondents 1 and 3, submitted that the petitioner's property is excluded from e-auction proceedings and therefore, he need not have any apprehension. He further submitted that even otherwise, the e-auction is not going to be held on 30th August 2020 as scheduled and it is postponed to another date, which will be intimated later.

4. Since it is stated that the petitioner's property is excluded from e-auction proceedings, the learned counsel for the petitioner submitted that the said statement may be recorded and the writ petition may be closed.

5. Accordingly, the statement made by the learned counsel for the respondents 1 and 3 is recorded and the Writ Petition is closed. No costs. The connected miscellaneous petitions are closed.

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

1. Securities and exchange board of India (SEBI), Southern Regional Office Chennai, Rep. By its Chief General Manager, Overseas Tower, 7th floor, 756-L, Anna Salai, Chennai 600 002.

2.Jones Lang Lasalle Property Consultants (India) Private Limited, Rep. By its Manager, City Builders, T.T.Krishnamachari Road, Alwarpet, Teynampet, Chennai, Tamil Nadu 600 018.

+1cc to Mr.V.Raghavachari, Advocate, SR no.27954 W.P.No.11613 of 2020 and WMP Nos.14239 and 14240 of 2020 BS(CO) RV (07/09/2020)