M/S.Harish Builders v. M/S.Cholamandalam Investments

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Harish Builders Rep. by its Proprietor A.S.Venkateswaran, S/o.A.Sundararaj No.25, Ist Main Street Ganesh Nagar, Madipakkam Chennai - 600 009.

..

Petitioner Vs.

1. M/s.Cholamandalam Investments & finance Company Ltd. (CIFCL) Regd. Office: Dare House No.2, NSC Bose Road Parryss, Chennai 600 001.

2. Babu Ganesh ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent to accept the settlement of dues of the second respondent in loan account No.HLOIKLB000044351 by the petitioner after negotiation and reconvey the land of 640 Sq.ft of undivided share the land situated in Plot No.1965, MIG Type, Avadi, Chennai 600 054 comprised in S.No.713/1B1 Part, Paruthipattu Village, Thiruvallur District in favour of the petitioner by virtue of the power under SARFAESI Act.

For the Petitioner : Dr.S.S.Swaminathan

ORDER

(Made by the Hon'ble Chief Justice) Heard Dr.S.S.Swaminathan, learned counsel for the petitioner.

2. Learned counsel for the petitioner, on instructions, seeks leave to withdraw the writ petition with liberty to avail the alternate remedy available, as may be permissible under law.

3. In light of the above, the writ petition stands disposed of as withdrawn. The petitioner may avail the alternate remedy, as may be permissible under law. In that event all contentions of the respective parties are open. There will be no order as to costs. Consequently, W.M.P.No.34192 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 13.12.2023 Index :

Yes/No :

Yes/No drm

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 13.12.2023