Cms Educational Trust, v. The Chief Manager/ Authorized

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.720 of 2016

1. CMS Educational Trust, rep. By its Chairman C. Muthusamy, CMS Nagar, Ernapuram, Namakkal - 637 003.

2. C. Muthusamy

3. M. Shanthi Petitioners Vs.

The Chief Manager/Authorized Officer, Bank of Baroda, Namakkal Branch, 107 Paramathy Road, Namakkal 637 001.

Respondent Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorari to call for the records and quash the auction notice dated 17.12.2015 issued under Section 13 (4) of the SARFAESI Act, 2002 and published in the New Indian Express (Coimbatore Edition) daily news paper dated 18.12.2015 by the respondent Bank.

For petitioners Mr. T. Dhanasekaran For respondent ------

O R D E R

(delivered by SATISH K. AGNIHOTRI, J.) Learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition with liberty to take recourse to the appropriate forum and has also made an endorsement to that effect, as under:

https://hcservices.ecourts.gov.in/hcservices/

" The petitioner may be permitted to withdraw the writ petition with liberty to move appropriate forum for filing appeal."

In view of the above submission and endorsement made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn with liberty as aforestated, if so advised. Connected miscellaneous petitions being WMP Nos. 531 and 532 of 2016 are also dismissed. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ra To The Chief Manager/Authorized Officer, Bank of Baroda, Namakkal Branch, 107 Paramathy Road, Namakkal 637 001.

+ 1 cc to M/s. T. Dhanasekaran, Advocate SR.1690 W.P. No.720 of 2016 AK(CO) EU 25.1.16 https://hcservices.ecourts.gov.in/hcservices/