Madras High CourtWP/14046/2022disposed of

K.Ananth v. Punjab National Bank

2023-08-10Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.Ananth ..

Petitioner Vs.

1. Punjab National Bank Rep. by its Authorized Officer Mr.M.Velayutham Sastra South, PNB Towers No.46-49, Royapettah High Road Chennai 600 014.

2. M/s.Jaydev Constructions Pvt. Ltd.

Rep. by its Director Plot No.38, Bhim Sena Building No.3, Murrays Gate Road Alwarpet, Chennai 600 018.

3. K.Srikanth

4. Kavitha Srikanth ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records comprised in the proceedings of the Chief Metropolitan Magistrate Court, Egmore, Chennai in Crl.M.P.No.565 of 2022 dated 10.03.2022 and quash the same.

For the Petitioner : Mr.T.T.Ravichandran For the Respondents : Ms.P.Rajalakshmi for R1 R2 not ready in notice Mr.Suvethan for R3 & R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.T.T.Ravichandran, learned counsel for the petitioner, Ms.P.Rajalakshmi, learned counsel for respondent 1 and Mr.Suvethan, learned counsel for respondents 3 & 4.

2. Learned counsel for the Bank submits that possession pursuant to the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, hereinafter referred to as, "the SARFAESI Act") has been taken and the property is sold to the third respondent / auction purchaser.

3. The petitioner is only challenging the order passed under Section 14 of the SARFAESI Act.

4. It is contended by learned counsel for the Bank that possession has already been taken, pursuant to the order under Section 14 of the SARFAESI Act and nothing survives in the present writ petition.

5. The petitioner may assail the auction or any steps taken under the provisions of the SARFAESI Act, as may be permissible in law.

6. In view of the above, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.13289, 13290 & 13291 of 2022 are closed.

(S.V.G., CJ.) (P.D.A., J.) 10.08.2023 Index :

Yes/No :

Yes/No drm

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) W.P.No .14046 of 2022 10.08.2023