Punjab National Bank, v. The Recovery Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2020
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 24128 of 2019 and W.M.P. No. 23926 of 2019 Punjab National Bank Represented by its Chief Manager Asset Recovery Management Branch (ARMB) No.448A, Nanjappa Road Coimbatore - 641 018.
... Petitioner -vs1. The Recovery Officer Employees Provident Fund Organization Having office at S.J.Plaza, Swarnapuri Salem - 636 004.
2. M/s. V.R.Textiles Private Limited (In Liquidation) Represented by Official Liquidator Attached to High Curt, Madras Rajaji Salai, Chennai - 600 001.
3. The Sub Registrar Punchaipuliyampatty Gobichettipalayam Erode District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the the First Respondent to remove the attachment effected with the office of the Third Respondent in respect of collateral security/mortgaged property as offered by the Second Respondent situate at Erode District, Gobichettipalayam Registration District, Punjai Puliampatti Sub-Registration District, Sathyamangalam Taluk within the limits of Bavanisagar Panchayat Union in Nallur Village comprised in various survey numbers admeasuring an extent of 10.47 acres together with plant and machinery so as to enable the Petitioner bank or its successors to register the sale certificate/ sale deed in favour of auction purchaser/ third party(s) in accordance with law.
For Petitioner :
Mr. M.L. Ganesh For Respondents:
Mr. R. Thirunavukarasu (for R1) Standing Counsel No appearance (For R2 & R3)
O R D E R
(through video conference) Heard Mr. M.L.Ganesh, Learned Counsel for the Petitioner and Mr. R.Thirunavakarasu, Learned Standing Counsel for the First Respondent, and perused the materials placed on record, apart from the pleadings of the parties. 2.
The Writ Petition has been filed for a direction to the First Respondent to remove the attachment effected with the office of the Third Respondent in respect of collateral security/mortgaged property as offered by the Second Respondent situate at Erode District, Gobichettipalayam Registration District, Punjai Puliampatti Sub-Registration District, Sathyamangalam Taluk within the limits of Bavanisagar Panchayat Union in Nallur Village comprised in various survey numbers admeasuring an extent of 10.47 acres together with plant and machinery so as to enable the Petitioner bank or its successors to register the sale certificate/ sale deed in favour of auction purchaser/ third party in accordance with law. 3.
Learned Standing Counsel for the First Respondent, on instructions, states that after filing of the Writ Petition, the provident fund dues had been fully realized and the earlier attachment order No. TN/SLM/7173/RECOVERY/2018 dated 30.07.2018, has been revoked by another order No.
CB/SLM/ RO/7173/RECOVERY/ERD/2019 dated 07.06.2019. He has also produced a copy of the same through e-mail dated 07.08.2020, which is placed on record. Learned Counsel for the Petitioner acknowledges its receipt. In view of the subsequent events, nothing remains for further consideration in this Writ Petition. Accordingly, the Writ Petition is disposed. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar Maya
To
1. The Recovery Officer Employees Provident Fund Organization Having office at S.J.Plaza, Swarnapuri Salem - 636 004.
2. M/s. V.R.Textiles Private Limited (In Liquidation) Represented by Official Liquidator Attached to High Curt, Madras Rajaji Salai, Chennai - 600 001.
3. The Sub Registrar Punchaipuliyampatty Gobichettipalayam Erode District.
+1cc to the Government Pleader, S.R.No. 26474 W.P. No. 24128 of 2019 NRL(CO) GN(14/08/2020)