Afifa Mujiba v. The Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Afifa Mujiba ..

Petitioner Vs.

1. The Registrar Debt Recovery Appellate Tribunal Chennai.

2. Federal Bank Limited No.3, Church Street 2nd Floor, MSR West Park Bangalore, Karnataka - 560 001 Rep. by its Authorized Officer.

3. Khasim Ajaz Ahmed Quersi S/o. Khasim Janab Quershi No.2C, Cockborn Road Pulikesi Nagar, Bangalore Karnataka - 560 057.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the second respondent from handing over possession to the auction purchaser without following

the due process of law when the second respondent is quorum non judice.

For the Petitioner :

Ms.Ananda Gomathy Murugesan

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.Ananda Gomathy Murugesan, learned counsel for the petitioner.

2. Learned counsel for the petitioner, on instructions, seeks leave to withdraw the writ petition with liberty to file the same before the High Court of Karnataka.

3. The writ petition, accordingly, stands disposed of as withdrawn with liberty as aforesaid. The petitioner may file a petition before the appropriate forum. In that event all contentions of the parties are kept open. There will be no orders as to costs. Consequently, W.M.P.No.35834 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 21.12.2023 Index :

Yes/No :

Yes/No

drm To

1. The Registrar Debt Recovery Appellate Tribunal Chennai.

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

(drm) 21.12.2023