M/S.City Union Bank Ltd v. The District Collector Cum District Magistrate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M/s.City Union Bank Limited Puducherry Branch Rep. by its Assistant General Manager cum Authorized Officer, Shri.N.Mohankumaramangalam No.199, Busy Street Puducherry - 605 001.\ ..

Petitioner Vs.

1. The District Collector cum District Magistrate Office of District Collectorate 1st Floor, New Collectorate Building Vazhvadavoor Road, Pettaiyanchathiram Puducherry - 605 009.

2. The Superintendent of Police (North) Puducherry, Office of Superintendent of Police (North), WQRR+223, Vazudavur Villianur Main Road, Police quarters Marie Oulgaret, Puducherry - 605 009.

3. M/s.V.D.Agencies Rep. by its Partners No.7, East Coast Road Nagathamman Nagar Kottupalayam, Puducherry - 605 008.

4. Velmourougane

5. Navanidame

6. Tayanayaguy

7. Chandra Prakash ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, a)to direct the 1st respondent District Collector cum District Magistrate to executive the order passed under Section 14 of the SARFAESI Act 2002 in the proceedings vide order No.4186/ DRDM/ C.3/ SARFAESI/ 2017 dated 05.12.2018 on its file within the time frame fixed by this Honourable Court;

b) to direct the 2nd respondent Superintendent of Police (North) Puducherry to aid in execution of the said order of the 1st respondent District Magistrate with such force as may be required to enforce such order in a peaceful manner in accordance with law. For the Petitioner :

Mr.A.Karthikeyan For the Respondents :

Mr.Ramaswamy Meyyappan Government Advocate (Puducherry) for R1 & R2 Mr.Prakash Adiapadam for R4 R3, R6 & R7 not ready in notice

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Karthikeyan, learned counsel for the petitioner, Mr.Ramaswamy Meyyappan, learned Government Advocate (Puducherry) for respondents 1 & 2 and Mr.Prakash Adiapadam, learned counsel for respondent 4.

2. Learned counsel for the petitioner, on instructions, submits that the matter is settled between the Bank and the borrower and nothing survives in the present writ petition.

3. Writ petition, as such, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector cum District Magistrate Office of District Collectorate 1st Floor, New Collectorate Building Vazhvadavoor Road, Pettaiyanchathiram Puducherry - 605 009.

2. The Superintendent of Police (North) Puducherry, Office of Superintendent of Police (North), WQRR+223, Vazudavur Villianur Main Road, Police quarters Marie Oulgaret, Puducherry - 605 009.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) W.P.No .24045 of 2022 28.07.2023