M/S.Chitti Educational & v. The Authorized Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2016

CORAM

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS W.P.No.40188 of 2015 and M.P.Nos.1 and 2 of 2015 1.M/s.Chitti Educational & Charitable Trust, ISTA Campus, Manali Saravanan Road, Mangadu, Chennai - 602 101.

2.C.H.Rama Rao 3.Malathi Devi ... Petitioners Vs.

The Authorized Officer, M/s.United Bank of India, T.Nagar Branch, No.46, North Usman Road, T.Nagar, Chennai - 17.

... Respondent Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records of the respondent pertaining to the E Auction sale of the secured asset of the petitioners 2 and 3 detailed in the schedule herein and to quash the E Auction Sale Notice dated 12.11.2015 issued under Rule 8(6) of the Security Interest (Enforcement) Rules and published on 17.11.2015 in the Chennai Edition of the New Indian Express for sale on 16.12.2015. For Petitioners :

Mr.T.M.Hariharan For Respondent :

Mr.F.B.Benjamin George https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) With the consent of learned counsel for the parties, the writ petition is taken up for final disposal. 2.Questioning the correctness of the e-auction sale notice dated 12 November 2015 issued by the respondent, the petitioners have come up with this writ petition.

3.Learned counsel appearing for the respondent Bank submits that on the scheduled date of auction, no bidder came forward with bids and as such, the auction could not take place. He would further submit that if at all, it is decided to proceed with the auction, a fresh notice will be given under the provisions of law and sufficient opportunity of hearing would be afforded to the petitioners.

4.In such view of the matter, nothing survives for adjudication. The issue has become academic and as such, the writ petition stands dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mmi To The Authorized Officer, M/s.United Bank of India, T.Nagar Branch, No.46, North Usman Road, T.Nagar, Chennai - 17.

+1cc to Mr.F.B.Benjamin George, Advocate, S.R.No.434 +1cc to Mr.T.M.Hariharan, Advocate, S.R.No.243 W.P.No.40188 of 2015 AD(CO) CA(25/01/2016) https://hcservices.ecourts.gov.in/hcservices/