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Madras High CourtWP/1272/2013dismissed for nonprosecution

P.Kulanthaivel, v. The Chief Manager,

2017-07-06Honourable Mr Justice S. Manikumar,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2017

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.1272 of 2013 P.Kulanthaivel ... Petitioner vs.

1. The Chief Manager, State Bank of India, Bhuvaneswari Complex, Dr.Sankaran Road, Namakkal - 637 001.

2. The Branch Manager, State Bank of India, Bhuvaneswari Complex, Dr.Sankaran Road, Namakkal - 637 001.

... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorarified mandamus, calling for the records of 1st respondent and quash the possession notice dated 28.12.2012 passed by the 1st respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and in exercise of powers conferred under Section 13(2) read with Rule 3 of the Security Interest (Enforcement) Rules 2002 and direct the 1st respondent to issue all records with full account details of Petitioner Loan Account No.31272545488 to the petitioner.

For Petitioner :

No Appearance

ORDER

(Order of the Court was delivered by S.MANIKUMAR, J) Possession notice dated 28.12.2012, is challenged in this writ petition.

2. Record of proceedings shows that on 29.01.2013, writ petition has been dismissed for non prosecution. Thereafter, https://hcservices.ecourts.gov.in/hcservices/

satisfied with the reasons assigned in the supporting affidavit to M.P.No.1 of 2013 in W.P.No.1272 of 2013, a Hon'ble Division Bench vide order dated 18.02.2013, has restored the writ petition to file. Thereafter the matter has appeared on 14.06.2017 and 15.06.2017 respectively. On 22.06.2017, there was no appearance for the writ petitioner and hence, Registry has been directed to post the writ petition after two weeks. Thus, it is listed.

3. Today also, there is no appearance either in person or through pleader. Consistently on two occasions, petitioner has not chosen to appear. We are constrained to dismiss the writ petition for non prosecution. Accordingly, the writ petition is dismissed for non-prosecution. No costs.

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar ars To:

1. The Chief Manager, State Bank of India, Bhuvaneswari Complex, Dr.Sankaran Road, Namakkal - 637 001.

2. The Branch Manager, State Bank of India, Bhuvaneswari Complex, Dr.Sankaran Road, Namakkal - 637 001.

W.P.No.1272 of 2013 ss(19/7/2017) https://hcservices.ecourts.gov.in/hcservices/