M/S.Technomax Building v. The Chief General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 8/3/2018 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition No.34346 of 2015 M/s. Technomax Building Solution India Pvt Ltd rep. By its Managing Director Mr.R.Raju No.1/382 Mettupalayam Road Maddampalayam Press Colony Coimbatore 641 019.

...

Petitioner Vs

1. The Chief General Manager Reserve Bank of India 16 Rajaji Salai Fort Glacis Chennai 600 001.

2. The Chairman and Managing Director Head Office Bandra Kurla Complex Bandra East Mumbai.

3. The Authorised Officer & Chief Manager Stressed Assets Management Branch 1112 Raja Plaza Avinashi Road Coimbaore 641 037.

4. The Deputy General Manager Mid-Corporate Group Commercial Branch (Code No.7536) 1443, Trichy Road P.B.No.3902 Coimbatore 641 018.

...

Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of certiorarified mandamus to call for the records relating to the communication dated 10/3/2015 issued by the third respondent Bank declaring the petitioner's account as Non-Performing Asset (NPA) and consequential Notice dated 17/6/2015 and Possession Notice dated 3/10/2015 issued under Section 13 (2) and 13 (4) of the SARFAESI Act, respectively, by the third respondent Bank, quash the same and consequentially direct the respondents 3 and 4 to classify the petitioner's account as standard. For petitioner ... Mr.S.Venkatesh For respondent ... R.1 - Served No appearance Mr.Om Prakash for M/s. Ramalingam Associates for R.R.2 to 4.

O R D E R

(Order of the Court was made by S.MANIKUMAR, J) This writ Petition has been filed for a writ of certiorarified mandamus, to quash the communication, dated 10/3/2015, issued by the third respondent Bank, declaring the petitioner's account, as Non-Performing Asset. Notice, dated 17/6/2015, issued under Section 13 (2) of the SARFAESI Act, 2002 and Possession Notice, dated 3/10/2015, issued under Section 13

(4) of the SARFAESI Act, are also challenged.

2. On this day, when the matter is listed for hearing, Mr.S.Venkatesh, one of the learned counsel on record submitted that after filing of the writ petition, matter has been settled. He has also made an endorsement to that effect.

3. In view of the endorsement made by the learned counsel for the petitioner, writ petition is dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mvs.

To

1. The Chief General Manager, Reserve Bank of India 16 Rajaji Salai, Fort Glacis, Chennai 600 001.

2. The Chairman and Managing Director State Bank of India, Head Office Bandra Kurla Complex, Bandra East, Mumbai.

3. The Authorised Officer & Chief Manager Stressed Assets Management Branch 1112 Raja Plaza, Avinashi Road Coimbaore 641 037.

4. The Deputy General Manager, State Bank of India Mid-Corporate Group Commercial Branch (Code No.7536) 1443, Trichy Road, P.B.No.3902 Coimbatore 641 018.

+1 CC TO MR.Ramalingam Associates, Advocate SR. No.18199 W.P.No.34346 of 2015 SSV(CO) RMP(23/03/2018)