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Madras High CourtWP/36651/2024withdrawn dismissed

Mr.E.S.Bhaskar v. M/S.The South Indian Bank Ltd.,

2024-12-04Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 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.Nos.39529 & 39530 of 2024 E.S.Bhaskar ..

Petitioner Vs.

1. M/s. The South Indian Bank Ltd.

Regional Office at No.43, Ground Floor, Hameedia Centre Haddows Road, Nungambakkam Chennai 600 006 Rep. by its Chief Manager Krishnakumar Menon P.K.

2. The Chief Metropolitan Magistrate The Chief Metropolitan Magistrate Court At Egmore, Chennai 600 008.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records of the 2nd respondent order made in Crl.M.P.No.31307 of 2024 dated 13.08.2024 and to quash the same on the ground of it being ultra vires, arbitrary

exercise of power, violation of principles of natural justice and consequently to declare that the action initiated by the 1 st respondent bank under Section 14 of the SARFAESI Act in respect of the property situated at No.6A, Palvadi Street Extension, Nerkundram Village, Ambattur Taluk, Tiruvallur District as ultra vires. For Petitioner :

Mr.J.Arun Prasad For Respondents :

Mr.M.L.Ganesh for Respondent-1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Counsel for petitioner sought leave to withdraw the petition and states that he shall approach the Debts Recovery Tribunal.

2. The writ petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, the interim applications also stand dismissed.

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

Index :

Yes/No :

Yes/No kpl To

1. The Chief Manager Krishnakumar Menon P.K.

M/s. The South Indian Bank Ltd.

Regional Office at No.43, Ground Floor, Hameedia Centre Haddows Road, Nungambakkam Chennai 600 006.

2. The Chief Metropolitan Magistrate The Chief Metropolitan Magistrate Court At Egmore, Chennai 600 008.

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

(kpl) 04.12.2024