Nagarajan v. The Authorized Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2020

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.35463 of 2019 and W.M.P.Nos.36282/2019 & 170/2020 Nagarajan ..

Petitioner

Versus

1.The authorized officer, Tamilnadu Mercantile Bank Ltd., Namakkal Branch No.337/7, 114-1-B, KKP Complex, Salem Road, Namakkal 2.The Chief Manager, Tamil Nadu Mercantile Bank Ltd, Namakka Branch No.337/7, 114-1-B, KKP Complex, Salem Road, Namakkal.

3.The Sub Registrar, Sub Registrar Officer, Sethamangalam, Namakkal District.

...Respondents

PRAYER:- Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus forbearing respondents 1 and 2 from confirming the sale proceedings dated 09.12.2019 and registering the sale deed before 3rd respondent till the disposal of the S.A.S.R.No.11813/2019 filed by the petitioner before the Debt Recovery Tribunal, Coimbatore.

For Petitioner : Mr.S.Muthukumar For Respondents: Mr.V.Chandrasekaran for Bank Mr.T.M.Pappiah for R3 1/4

ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.,] Heard the submission of the learned counsel appearing for the petitioner, who on instructions, seeks permission of this Court to withdraw this Writ Petition, with a liberty to prosecute a SARFAESI Appeal before the Debts Recovery Tribunal at Coimbatore and he has also made an endorsement to that effect.

2. The learned Standing Counsel appearing for the respondents 1 and 2 would submit that hearings of the said SARFAESI Appeal took place on 11.12.2019, 16.12.2019 and 23.12.2019 and it has also listed for hearing today.

3. In the light of the endorsement made, this Writ Petition is dismissed as withdrawn. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(C.O) //True Copy// Sub Assistant Registrar sk To 1.The authorized officer, Tamilnadu Mercantile Bank Ltd., Namakkal Branch No.337/7, 114-1-B, KKP Complex, Salem Road, Namakkal 2.The Chief Manager, Tamil Nadu Mercantile Bank Ltd, Namakka Branch No.337/7, 114-1-B, KKP Complex, Salem Road, Namakkal.

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3.The Sub Registrar, Sub Registrar Officer, Sethamangalam, Namakkal District.

+1cc to the Government Pleader sr2252 +1cc to Mr.V.chandrasekaran Advocate sr1685 WP.No.35463 of 2019 aa11/02/2020 3/4