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Madras High CourtWP/28098/2021withdrawn dismissed

P.Balasubramaniam v. The Presiding Officer

2022-01-05Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.28098 of 2021 and WMP No.29676 of 2021 P.Balasubramaniam ... Petitioner Vs 1.The Presiding Officer, Hon'ble Debts Recovery Tribunal, Coimbatore.

2.The Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, 377/1, Dr.Nanjappa Road, Behind N.S.Palaniappan Nursing Home, Coimbatore - 641 018.

3.P.Ramamoorthy, Sole Proprietor of M/s.Sukanya Mills and also representing as Sole Proprietor of M/s.Palani Mills, No.17/57, Lakshmi Nagar, Ground Floor, 50 Feet Road, Tirupur - 641 602.

4.Velusamy ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the second respondent to receive the entire e-auction sale amount which was conducted by the second respondent dated 30.9.2021 in so far as petitioner's property is concerned and consequently directing the second respondent not to take any coercive steps against the schedule mentioned property in S.F.No.435, situated at No.15, https://hcservices.ecourts.gov.in/hcservices/

Velampalayam, Tirupur Taluk till the disposal of the S.A. Petition in S.A.No.721/2021 on the file of the first respondent within stipulated time fixed by this Court.

For the Petitioner : Mr.M.Dinesh for Mr.M. Natarajan

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to take remedy before the Debts Recovery Tribunal.

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. W.M.P.No.29676 of 2021 is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR bbr To:

1.The Presiding Officer, Debts Recovery Tribunal, Coimbatore.

2.The Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, 377/1, Dr.Nanjappa Road, Behind N.S.Palaniappan Nursing Home, Coimbatore - 641 018.

W.P.No.28098 of 2021 nmi[co] srg 11/01/2022 https://hcservices.ecourts.gov.in/hcservices/