M/S.Dhanalakshmi Srinivasan v. Indian Overseas Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.25556 of 2015 and M.P. No. 1 of 2015 M/s. Dhanalakshmi Srinivasan Charitable & Educational Trust, rep. By its Trustee, Mr. S. Kathiravan, Thuraiyur Road, Perambalur 621 212, Tamil Nadu.

... Petitioner Vs

1. Indian Overseas Bank, rep. By its Authorised Officer, Trichy Road, Perambalur 621 212.

2. Indian Overseas Bank, rep. By its Chief Manager, Trichy Road, Perambalur 621 212.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the records in Demand Notice u/s 13(2) of the SARFAESI Act 2002 dated 18.06.2015 on the file of the 1st respondent and the order dated

20.07.2015 on the file of the 2nd Respondent and quashing the same and further direct or continue with the respondents not to initiate any proceedings in terms of S.13 of the SARFAESI Act. For petitioner : Dr. Anita Sumanth

O R D E R

(Order of the Court was made by SATISH K. AGNIHOTRI,J.,) Learned counsel appearing for the petitioner seeks permission to withdraw the writ petition and has also made an endorsement to that effect, as under:

" Withdrawn with liberty that representation dated 14.07.2014 be disposed off by Bank and Status quo kindly be granted till such disposal. "

2. In view of the above, the writ petition is dismissed as withdrawn. However, no question of status quo as no cause of action has arisen, as on date. Consequently, M.P. No. 1 of 2015 is dismissed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ra To

1. The Authorised Officer, Indian Overseas Bank, Trichy Road, Perambalur 621 212.

2. The Chief Manager, Indian Overseas Bank, Trichy Road +1cc to M/s.Dr.Anita Sumanth, Advocate, S.R.No.43316 +1cc to M/s.F.B.Benjamin George, Advocate, S.R.No.43695 W.P. No.25556 of 2015 RJ(CO) CA(04/09/2015)