M/S.Sre Bagawathi Tex v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP Nos.34615 and 34616 of 2024 1.M/s.Sre Bagawathi Tex a partnership Firm, rep. By its Managing Partner R.Thangaraj 2.R.Thangaraj 3.Ponnammal 4.T.Jeevitha 5.S.Kalaiarasi : Petitioners versus The Authorised Officer, State Bank of India, SME Branch, 12-A, Sankagiri Bypass Road, Pallipalayam 638 006 Namakkal District : Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent bank to receive and consider the petitioner's request for redeeming the properties eauctioned on 10.10.2024 pursuant to the notice dated 23.08.2024 issued under Section 13(2) of the SARFAESI Act.

For Petitioners :

Mr.V.Prakash Senior Counsel, for Mr.Adrian D.Rozario For Respondent :

Mr.M.L.Ganesh

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) In view of the urgency expressed in the morning, we granted circulation for post-lunch session.

2. We also suggested to petitioners' counsel to give notice to the advocate for the bank that he will be applying today for ad-interim relief.

3. After the petition was heard for some time, counsel for petitioners, in view of the law as laid down by the Apex court in Celir LLP vs. Bafna Motors (Mumbai) Pvt. Ltd. & others1, and PHR Invent Educational Society vs. UCO Bank and others2, sought leave to withdraw the petition with liberty to take such steps as available in accordance with law, including 1 2024 (2) SCC 1 2 2024 (6) SCC 579

to challenge the sale notice.

4. Petition dismissed as withdrawn with liberty as prayed for. There will be no order as to costs. Consequently, the interim application also stands disposed of.

5. WMP No.34615 of 2024 filed to permit petitioners to file a single writ petition is allowed.

6. We clarify that we have not made any observation on the merits of the matter.

(K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 23.10.2024 Index : Yes/No : Yes/No tar

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY , J.

(tar) 23.10.2024