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Madras High CourtWP/26632/2022withdrawn dismissed

M/S.Hotel Radha Prasad v. M/S. City Union Bank Ltd

2024-01-11Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. M/s. Hotel Radha Prasad Rep. by its Managing Director/Partner R.R.Prasad No.344, Brough Road Erode 638 001.

2. R.Radha

3. R.R.Prasad

4. P.Keerthiprasad

5. R.Savithri ..

Petitioners Vs.

M/s. City Union Bank Ltd.

Credit Recovery and Management Department "Narayana", Administrative Office No.24-B, Gandhi Nagar Kumbakonam 612 001 Rep. by its Authorised Officer V.Ganesan ..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the Hon'ble Chief Judicial Magistrate, Erode to entertain the returned petition dated 21.09.2022

filed by the petitioners herein Diary No.2112 of 2022 on its resubmission in view of the newly inserted and Notified Chapter IVA of SARFAESI Act with effect from 24.01.2020 which mandates the compulsory registration of security interest with Central Registry as established by the Central Government before invoking Chapter-III of the SARFAESI Act.

For the Petitioners : Mr.P.S.Raman Senior Counsel For Mr.T.R.Sundaram For the Respondent : Ms.Ananda Gomathy

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.P.S.Raman, learned Senior Counsel for Mr.T.R.Sundaram, learned counsel for the petitioners and Ms.Ananda Gomathy, learned counsel for the respondent.

2. Learned Senior Counsel for the petitioners submits that the objections raised in the writ petition would be raised by the petitioners in the pending Securitisation Application and seeks leave to withdraw the writ petition.

3. The writ petition, as such, stands disposed of as withdrawn. There shall be no order as to costs. Consequently, W.M.P.Nos.25679 and 25681 of 2022 are closed.

(S.V.G., CJ.) (D.B.C., J.) 11.01.2024 Index :

Yes/No :

Yes/No kpl To Mr.V.Ganesan Authorised Officer M/s. City Union Bank Ltd.

Credit Recovery and Management Department "Narayana", Administrative Office No.24-B, Gandhi Nagar Kumbakonam 612 001

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 11.01.2024