N.Ramesh v. V.Selva Ganapathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2018

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.30962 of 2016 N.Ramesh .. Petitioner Vs.

1. V.Selva Ganapathy

2. S.Sivagami

3. Citi Bank rep. by its Collection Manager having office at Spencer Plaza 3rd Floor, Anna Salai Chennai.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records relating to the Notice of 30 days for sale of immovable secured asset under Rule 8(6) of Security Interest 2002 dated 10.8.2016 and physical possession of schedule mentioned property is with the 3rd respondent in Loan A/C No.421342, and quash the same hereby directing the 3rd respondent to confirm the sale of the property in favour of the petitioner on receipt of the balance sale consideration as Rs.11,00,000/- and to complete the procedure as Section 69 of Transfer of Property Act. For Petitioner : Ms.J.Srilekha For Respondents : Mr.Arunachalam for 3rd respondent No appearance for respondents 1 and 2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

The learned counsel for the petitioner submitted that the relief sought for in this writ petition has become infructuous for the reason that the property which was mortgaged with the third respondent bank was already sold.

In view of the submission made by the learned counsel for the petitioner, nothing survives for adjudication in this writ petition. This writ petition is, accordingly, dismissed as infructuous. No costs. Consequently, W.M.P.Nos.26831 and 26832 of 2016 are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sasi +1cc to Mr.V.Balasubramani, Advocate, S.R.No.59361 W.P.No.30962 of 2016 PP(CO) GSP(10/09/2018) https://hcservices.ecourts.gov.in/hcservices/