Sri Chakram Apartment Owners Association v. The Authorized Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Sri Chakram Apartment Owners Association No.769/1999 rep. by its Secretary Ranjith Madhavan, Sri Chakaram Apartments, Samooham Road, Guruvaryur, Kerala-680 101.

.. Petitioner Vs 1.The Authorized Officer, Housing and Urban Development Corporation Ltd., Regional Office, Trivandrum.

2.The Housing and Urban Development Corporation, Registered Office, Lodhi Road, New Delhi, rep. by its Managing Director.

3.M/s.Sameeksha House & Homes (P) Ltd., rep. by its Managing Director, 3rd Floor DD Angadi, Market Road, Ernakulam, Kochi-35.

.. Respondents

Prayer: Petition filed under Article 227 of the Constitution of India against the order dated 7.8.2017 made in I.A.No.475/2016 in AIR (SA) No.841 of 2015 on the file of Debt Recovery Appellate Tribunal at Chennai.

For the Petitioner : Mr.Kandhan Duraisamy For the Respondents : Ms.Deepa Harigovind for respondents 1 and 2 : No appearance for respondent No.3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.Kandhan Duraisamy, learned counsel for the petitioner and Ms.Deepa Harigovind, learned counsel for respondents 1 and 2.

2. Learned counsel for respondents 1 and 2 has filed a memo.

3. Learned counsel for respondents 1 and 2 submits that, as per the final order dated 25.9.2015 passed by the Debts Recovery Tribunal, Ernakulam in O.A.No.51 of 2001 as modified by the Debt

Recovery Appellate Tribunal, Chennai vide order dated 27.7.2018, the entire dues payable by Ms/Sameeksha House and Homes Private Limited (third respondent) has been paid. The said amount is also received by the first respondent.

4. The memo filed by respondents 1 and 2 under the signature of counsel for respondents 1 and 2 is placed on record.

5. In view of that, learned counsel for the petitioner seeks leave to withdraw the civil revision petition.

6. Accordingly, the civil revision petition is disposed of. There will be no order as to costs. Consequently, C.M.P.No.4885 of 2019 is closed.

(S.V.G., CJ.) (P.D.A., J.) 13.06.2023 Index : Yes/No bbr

To:

1.The Authorized Officer, Housing and Urban Development Corporation Ltd., Regional Office, Trivandrum.

2.The Managing Director, Housing and Urban Development Corporation, Registered Office, Lodhi Road, New Delhi.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr 13.06.2023