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Madras High CourtWP/4320/2015withdrawn dismissed

M/S.Sambros Tex Global Ltd v. The Presiding Officer

2015-03-09Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-03-2015

CORAM

THE HONOURABLE MR.JUSTICE SATISH K.AGNIHOTRI AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL WRIT PETITION No.4320 of 2015 and M.P.Nos.1, 2 and 3 of 2015 M/s.Sambros Tex Global Ltd., Rep. By its Managing Director C.V.Sampathkumar 126, Sastri Road, Ram Nagar, Coimbatore 641 009.

... Petitioner vs

1. The Presiding Officer Debts Recovery Tribunal Coimbatore

2. The Branch Manager ICICI Bank, Coimbatore Branch Coimbatore Cheran Plaza No.1619, Trichy Road Coimbatore.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing the respondent bank from initiating any action under Section 14 of the SARFAESI Act insofar as the properties mortgaged to the second respondent Bank and in particular, the property in S.F.No. Old T.S.9/276, New T.S.No.20/1,2 Block No.2, Ward No.1(9) Shastri Road, Ramnagar, Coimbatore, measuring to an extent of 42 cents while taking proceedings to sell the properties under Section 13(4) of the SARFAESI Act.

For Petitioner : Ms.S.Kaavya for M/s.Profexs Associates For Respondents : Mr.Shivakumar for M/s.Shivakumar & Suresh for R2 R1 - Tribunal https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) The learned Counsel appearing for the petitioner, seeks permission of this Court to withdraw the writ petition and an endorsement to that effect is also made.

2.Permission is granted and the writ petition stands dismissed as withdrawn. No costs. Consequently, connected MPs are also dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsv To:

1. The Presiding Officer Debts Recovery Tribunal Coimbatore

2. The Branch Manager ICICI Bank, Coimbatore Branch Coimbatore Cheran Plaza No.1619, Trichy Road Coimbatore.

+1cc to M/s.Profex Associates, Advocate, S.R.No.13387 +1cc to M/s.Shivakumar, Advocate, S.R.No.13088 W.P.No.4320 of 2015 AK(CO) CA(18/03/2015) https://hcservices.ecourts.gov.in/hcservices/