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Madras High CourtWP/999/2014dismissed

Mrs.S.Suhaina Banu v. Indian Bank

2024-11-06Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

1. S.Suhaina Banu (Deceased)

2. Sheik Abdullah

3. Surfax Abdeen

4. Nafeela Akthder ..

Petitioners [P2 to P4 substituted as LRs of deceased sole petitioner by order dated 21.08.2019 in W.M.P.No.24324 of 2019] Vs.

1. Indian Bank ARM Branch II Rep. by its Chief Manager & Authorised Officer No.55, Ethiraj Salai Chennai 600 008.

2. The Manager Indian Bank Mannady Branch Chennai 600 001.

..

Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Declaration declaring the measures taken by the first respondent herein of issuance of possession notice on 19.11.2013 under Sub-section 4 of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as "SARFAESI Act" in respect of the property at Old No.32, New No.20, Krishnan Koil Street, Chennai 600 001 bearing O.S.No.2405, New S.No.3318, C.C.No.5780, Block 30, measuring about 1 ground and 68 sq. ft. as ultra vires under Security Interest (Enforcement) Rules, 2002 and as illegal.

For Petitioners :

No appearance For Respondents :

Mr.F.B.Benjamin George

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.Visweswaran states that he had returned the papers to petitioners few years ago and had also endorsed no objection to enable petitioners to appoint another advocate.

2. It does not appear that the petitioners have engaged any other advocate. Petitioners are also absent.

3. Petition is dismissed. There shall be no order as to costs. (K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 06.11.2024 Index :

Yes/No :

Yes/No kpl To

1. The Chief Manager & Authorised Officer Indian Bank ARM Branch II No.55, Ethiraj Salai Chennai 600 008.

2. The Manager Indian Bank Mannady Branch Chennai 600 001.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(kpl) 06.11.2024