M/S.Krishna Constructions v. Central Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2016

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE N.AUTHINATHAN Writ Petition No.29592 of 2016 and WMP No.25615 of 2016 M/s.Krishna Constructions, Rep. by its Prop.Sri S.Mani ... Petitioner vs.

1. Central Bank of India, Rep. by its Authorised Officer / Chief Manager, Chennai Main Branch, No.11, Second Line Beach, Chennai - 600 001.

2. The Presiding Officer, Debts Recovery Tribunal - II, Chennai.

... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorari, to call for the records relating to the E-auction Sale Notice dated 26.07.2016 issued by the 1st respondent under the provisions of the SARFAESI Act, basing on the declaration of the asset of the petitioner as NPA as on 30.10.2015 and notice under Sec.13(4) of the Act dated 15.03.2016, issued even before the start of repayable date as per the modified terms of sanction-restructured loan issued under CBI/CHENNAI/2015-16 dated 18.05.2015 and quash the same as arbitrary, without jurisdiction and illegal.

For Petitioner : Mr.K.Jayachandran For Respondents : Mr.M.L.Ganesh (for R1)

ORDER

(Order of the Court was delivered by S.MANIKUMAR, J) Mr.K.Jayachandran, learned counsel for the petitioner submitted that he is not pressing the writ petition and seeks permission to withdraw the same. He has also made and endorsement to that effect.

2. Recording the above, the writ petition is dismissed as https://hcservices.ecourts.gov.in/hcservices/

withdrawn.

No Costs.

Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ars To The Presiding Officer, Debts Recovery Tribunal - II, Chennai.

1 cc to Mr.M.L.Ganesh, Advocate, sr.53032 Writ Petition No.29592 of 2016 and WMP No.25615 of 2016 scd co kra 06.10.2016 https://hcservices.ecourts.gov.in/hcservices/