Indian Overseas Bank v. The Regional Provident Fund Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.13147 of 2020 and W.M.P.No.16274 of 2020 Indian Overseas Bank Asset Recovery Management Branch, No.11/952, Cross Cut Road, Coimbatore - 641 012.

Rep. by its Chief Manager ... Petitioner Vs.

1.The Regional Provident Fund Commissioner-II and Recovery Officer, Employee Provident Fund Organisation, Regional Office, Dr.Balasundaram Road, Coimbatore - 641 018, 2.M/s.P.G.C.Corporation Ltd., No.5, Prem Garden, Rajaji Nagar, P.N.Road, Tirupur - 641 601.

3.Mrs.Akilandeeswari Farms Pvt. Ltd., Rep. by its Director, Mr.D.Prem, No.5A2, Rajaji Nagar, P.N.Road, Tirupur - 641 602.

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4.M/s.Choleeswara Farms Pvt. Ltd., Rep. by its Director, Mr.D.Prem, No.5A2, Rajaji Nagar, P.N.Road, Tirupur - 641 602.

5.M/s.Duros Textiles India Pvt. Ltd., Rep. by its Director, Mr.D.Prem, No.5A2, Rajaji Nagar, P.N.Road, Tirupur - 641 602.

6.M/s.PGC Industries Pvt. Ltd., Rep. by its Director, Mr.D.Prem, No.5A2, Rajaji Nagar, P.N.Road, Tirupur - 641 602.

7.S.Duraisamy (R2 to R7 deleted vide order dated 23.09.2020 made in W.P.No.13147 of 2020 by NAVJ) 8.Sub Registrar, Palladam, Tirupur District, ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to remove the attachment dated 28.12.2017 with the office of the eighth respondent in respect of secured properties as mortgaged covered MOD executed on 22.04.2013, registered as Doc.No.6680/2013, MOD on 28.02.2006, Page No.2 of 6

registered as Doc.No.2278/2006 and supplemental MOD on 14.05.2013 registered as document No.6679/2013, SRO, Palladam so as to enable the petitioner bank or its successors to register the sale certificate/sale deed in favour of auction purchaser/third party(s).

For Petitioner :

Mr.M.L.Ganesh For Respondents 1 & 8 :

M/s.R.Meenakshi, Standing Counsel For Respondents 2 to 7 :

Deleted vide order dated 23.09.2020 by NAVJ

O R D E R

The relief sought by the petitioner in this writ petition is to direct the respondents to remove the attachment dated 28.12.2017 with the office of the eighth respondent in respect of secured properties as mortgaged covered MOD executed on 22.04.2013, registered as Doc.No.6680/2013, MOD on 28.02.2006, registered as Doc.No.2278/2006 and supplemental MOD on 14.05.2013 registered as document No.6679/2013, SRO, Palladam so as to enable the petitioner bank or its successors to register the sale certificate/sale deed in favour of auction purchaser/third party(s). Page No.3 of 6

2. Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that the matter has become infructuous and nothing survives in this writ petition for further adjudication. He has also made an endorsement to that effect in the case bundle.

3. In view of the above submission coupled with an endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also closed.

27.06.2024 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The Regional Provident Fund Commissioner-II and Recovery Officer, Employee Provident Fund Organisation, Regional Office, Dr.Balasundaram Road, Coimbatore - 641 018, Page No.4 of 6

2.Sub Registrar, Palladam, Tirupur District, Tamil Nadu.

J.SATHYA NARAYANA PRASAD,J.

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