M/S.Current Trends, No.28/15, v. The Authorised Officer And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.31761 of 2013 and M.P.No.1 of 2013 M/s.Current Trends No.28/15, M.K. Building Indira Nagar, 1st Street Behind CSI Church Avinashi Road Gandhi Nagar Post Tiruppur - 641 603 Rep. by its Managing Partner S.Krishnakumar .. Petitioner versus 1.The Authorised Officer and Assistant General Manager State Bank of India Stressed Assets Management Branch "Red Cross Building"
32, Montieth Road Egmore, Chennai - 600 008 2.The Authorised Officer and Assistant General Manager, State Bank of India, Stressed Assets Management Branch 1112, Raja Plaza Avinashi Road Coimbatore - 641 037 .. Respondents https://hcservices.ecourts.gov.in/hcservices/
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the e-auction sale notice vide SAMB/CBE/CLO II/385 dated 01.10.2013 issued by the 2nd respondent, quash the same and consequently forbear the respondents or their men or agents or representatives or assigns or any one claiming under them from in any manner proceeding in pursuance of the Possession Notice dated 04.10.2011 issued by the 1st respondent.
For Petitioner : Mr.R.Nagasundaram For Respondents: Mr.Senthilkumar for Mr.S.Sethuraman
ORDER
(Made by S.MANIKUMAR, J.) Borrower has challenged e-auction sale notice dated 01.10.2013. There is no stay. Machinery under e-auction sale notice, dated 01.10.2013, have been sold. Representation has been made by the learned counsel appearing for the petitioner and the bank that, subsequently, immovable properties have been sold and that the sale is under challenge before the Debts Recovery Tribunal, Coimbatore. Added further, Mr.Senthilkumar, learned counsel for the bank submitted that, as on December 2017, a sum of Rs.12.00 Crores towards principal, is due.
2. In the light of the above submission, nothing survives in the instant writ petition for adjudication. Accordingly, the writ petition is dismissed. However, there shall be no order as to cost. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar asr +1cc to Mr.S.SETHURAMAN, Advocate, S.R.No. 24569 W.P.No.31761 of 2013 and M.P. No.1 of 2013 SSD(CO) TR(24/04/2018) https://hcservices.ecourts.gov.in/hcservices/