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Madras High CourtWP/1006/2023withdrawn dismissed

D.Maruthamuthu v. Tamilnadu Industrial Co-Operative Bank Ltd

2023-01-12Honourable Mr Justice M. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 12.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.Nos.1006 of 2023 D.Maruthamuthu ... Petitioner Vs.

Tamil Nadu Industrial Co-operative Bank Ltd., Rep. by its Branch Manager Vyasarpadi Chennai - 600 039 ... Respondent Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus to call for the records on the file of the respondent herein in TAICO Bank/Vyasarpadi Branch/Vi.A.Kandan/2014/Unpaid Loan and quash the impugned notice dated 15.12.2022 as illegal and further direct the Respondent to consider the Petitioner's representation dated 08.12.2022 on merits and in accordance with law.

For Petitioner :

Ms.L.Srileka For Respondent :

Mr.R.Neethi Perumal Government Advocate *** 1/5

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O R D E R

After some arguments Ms.L.Srileka, learned counsel for writ petitioner sought leave of this Court to withdraw the captioned writ petition but made a fervent plea to preserve all the rights and contentions of the writ petitioner if there is further litigation on the same issue / cause of action.

2. Learned counsel for writ petitioner has made an endorsement in the case file and a scanned reproduction of the same is as follows:

3. Learned counsel reiterates the aforementioned endorsement in the hearing.

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4. Owing to the facts and circumstances of the case, in the light of the endorsement and in the light of the trajectory the matter has taken in the Admission Board, the plea to withdraw the writ petition acceded to. Request to preserve all the rights and contentions of the writ petitioner also acceded to.

Sequitur is, captioned writ petition is disposed of as withdrawn / closed albeit preserving the rights and contentions of the writ petitioner if there is further litigation on the same issue / cause of action. There shall be no order as to costs.

12.01.2023 gpa To Tamil Nadu Industrial Co-operative Bank Ltd., Rep. by its Branch Manager Vyasarpadi Chennai - 600 039.

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M.SUNDAR, J., gpa 12.01.2023 5/5