Madras High CourtWP/36374/2024withdrawn dismissed

M/S.Kalaianjan Homes Llp v. M/S.Canara Bank

2024-12-04Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY & W.M.P.No.39243 of 2024 M/S.KALAIANJAN HOMES LLP 5TH FLOOR, NELSON TOWER, II WING 117, NELSON MANICKAM ROAD AMINJIKARAI, CHENNAI- 029.

Petitioner Vs.

1. M/S.CANARA BANK CHENNAI ANNA NAGAR, P BLOCK BRANCH REP BY ITS AUTHORISED OFFICER P BLOCK, NEW NO.1, OLD NO.32, 20TH STREET ANNA NAGAR, CHENNAI-40

2. M/S.STATE BANK OF INDIA MRC NAGAR BRANCH, RACPC NO.4 SANTHOME HIGH ROAD MYLAORE CHENNAI- 04

3. RANJINI SUBRAMANIAN

4. SUBRAMANIAN ..

Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 05.11.2024 made in NDN. 1524/ 2024 (SA) on the file of Debts Recovery Tribunal - III, Chennai and quash the same and consequently direct the 2nd respondent to handover the physical possession of the sold e-auction property measuring to an extent of one Ground and 1587 sq. ft (Total 3987 Sq. ft) situated at Plot no. 3677, P Block, Old No.32, New door No.1, 20th Street, Arignar Anna Nagar, Chennai- 600 040 comprised in R.S. No.30 part and 31 part of Mullam Village together with the building constructed thereon measuring an extent of 1100 sq. ft as per Sale Deed and 4814 Sq.ft within time frame may be fixed by this Hon'ble Ccourt.

For Petitioner :

Mr.V.R.Kamalanathan For Respondents :

Mr.N.Kishore Kumar for Respondent-2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.Kamalanathan sought leave to withdraw the petition with liberty

to continue challenging unnumbered S.A. filed by Canara Bank.

2. The writ petition is dismissed as withdrawn with liberty as prayed for. There shall be no order as to costs. Consequently, the interim application also stands dismissed.

(K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 04.12.2024 Index :

Yes/No :

Yes/No kpl To

1. THE AUTHORISED OFFICER M/S.CANARA BANK CHENNAI ANNA NAGAR, P BLOCK BRANCH P BLOCK, NEW NO.1, OLD NO.32, 20TH STREET ANNA NAGAR, CHENNAI-40

2. M/S.STATE BANK OF INDIA MRC NAGAR BRANCH, RACPC NO.4 SANTHOME HIGH ROAD

MYLAORE CHENNAI- 04

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

(kpl) 04.12.2024