Madras High CourtWP/24609/2018disposed of

Sri Vakirakaaliamman Spinning v. State Bank Of India

2018-09-18Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.9.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.24609 of 2018 and W.M.P.No.28656 of 2018 Sri Vakirakaaliamman Spinning Mills Pvt. Ltd., Shri.R.Jagadeeswaran, Director/Guarantor, No.14, R.M.Illam, Thennampalayam Extension Gross, Tiruppur 641 604.

..Petitioner

Versus

1. State Bank of India, rep. by its Assistant General Manager,

2. Punjab National Bank, rep. by its Authorised Officer, Asset Recovery Management Branch, No.448-A, Dr.Nanjappa Road, Coimbatore 641 018.

3. State Bank of India, rep. by its Authorised Officer (Formerly State Bank of Hyderabad)

4. State Bank of India, rep. by its (Formerly State Bank of Patiala) ..Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of the 1st respondent herein in e-auction notice No. SAMB/CBE/CLO-II/ 831 dated 31.08.2018 published in the newspaper "THE HINDU dated 03.09.2018 scheduled to be held on 18.09.2018 is illegal and quash the same and consequential direction to direct the respondents to re-value the properties and consider under the onetime settlement as per the representation dated 18.05.2018. For petitioner : Mr.K.Rajendra Prasad For RR 1, 3 & 4 : Mrs.S.R.Sumathy

ORDER

(Order of the court was made by HULUVADI G.RAMESH,J.) Heard the learned counsel appearing for the petitioner and Mrs.S.R.Sumathy, learned counsel, who takes notice on behalf of respondents 1, 3 and 4.

2. When the matter was taken up for hearing it is submitted by the learned counsel appearing for the respondent-Banks that though the e-auction, as against which the writ petition is filed, was to be conducted today, since no bidders had participated, auction did not take place.

3. In view of the above submission, the writ petition is disposed as the subject matter of the writ petition has become infructuous. However, it is made clear that the petitioner can very well work out his remedy by approaching the respondent bank for one time settlement to get over the situation. No costs. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssk To:

1. State Bank of India, rep. by its Assistant General Manager,

2. Punjab National Bank, rep. by its Authorised Officer, Asset Recovery Management Branch, No.448-A, Dr.Nanjappa Road, Coimbatore 641 018.

3. State Bank of India, rep. by its Authorised Officer (Formerly State Bank of Hyderabad)

4. State Bank of India, rep. by its (Formerly State Bank of Patiala) +1cc to Mr.K.Rajendra Prasad, Advocate, S.R.No.64657 +1cc to Mr.S.R.Sumathy, Advocate, S.R.No.64690. W.P.No.24609 of 2018 SKV(CO) rrs(17/10/2018)