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Madras High CourtWP/24692/2025withdrawn dismissed

M/S.Janata Motors v. The Authorised Officer

2025-07-09Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN W.P.No.24692 of 2025 and W.M.P.Nos.27838,27840 and 27842 of 2025 1.Janata Motors Rep. by Proprietor V.Sanjai, No.147-A, Chengam Road, Thiruvannamalai-606 603.

2.V.Sanjai No.19, 5th Cross Street, Gandhi Nagar, Thiruvannamalai-606 601.

Petitioners Vs The Authorised Officer Union Bank of India, Asset Recovery Branch No.9, Elcanso Complex, Casa Major Road, Egmore, Chennai-600 008.

Respondent

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ ofcertiorarified mandamus to call for records of the impugned sale notice dated 05.11.2024 issued by the respondent vide Ref. ARB-431/2024-2025 and quash the same and direct the respondent to restore the possession.

For Petitioners:

Dr.M.Sathya Kumar For Respondent:

Mrs.Anantha Gomathy

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) When we expressed our opinion that this court will not exercise jurisdiction, counsel for petitioners states that petitioners have already approached the Debts Recovery Tribunal (DRT) challenging the sale notice. Counsel is, however, candid to state that it is not disclosed in the petition. Counsel states it was his fault and he ought to have advised petitioners to disclose.

2. Counsel seeks leave to withdraw the petition and approach the DRT for early hearing.

3. At this stage, Mrs.Anantha Gomathy for respondent states that the matter is posted for hearing on the issue of maintainability on 16.07.2025 before the DRT.

4. Petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, interim applications, being W.M.P.Nos.27840 and 27842 of 2025, stand closed.

5. Counsel for petitioners states that additional court fee will be paid within one week. The non-payment will result in the application filed in DRT also being dismissed. W.M.P.No.27838 of 2025 is ordered accordingly.

(K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 09.07.2025 Index :

Yes/No :

Yes/No bbr To:

The Authorised Officer Union Bank of India, Asset Recovery Branch No.9, Elcanso Complex, Casa Major Road, Egmore, Chennai-600 008.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

bbr W.P.No.24692 of 2025 09.07.2025