Uday Indane Gas Service v. M/S.Axis Bank Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.30240 of 2018 1.M/s.Uday Indane Gas Service, rep. by its Proprietor C.Udayakumar, Door No.21, Rangammal Kovil Street, Periya Naicken Palayam, Coimbatore - 641 037.

2.C.Udayakumar 3.S.Rajendran 4.C.Jayapal 5.A.Ramani .. Petitioners -vsM/s.Axis Bank, rep. by its Authorized Officer, Arcot Plaza, Old No.38, New No.165, Arcot Road, Kodambakkam, Chennai - 600 024.

.. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to Section 13(4) of SARFAESI notice dated 27.03.2018 issued by the respondent and quash the same and direct the respondent to regularize the account of the petitioner.

For Petitioner : Ms.Thenmozhi Shivaperumal https://hcservices.ecourts.gov.in/hcservices/

ORDER

Learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal. She has also made an endorsement to the said effect.

2. In view of the above, the writ petition is allowed to be withdrawn with liberty as prayed. If the petitioner approaches the Debts Recovery Tribunal, the Debts Recovery Tribunal to deal with the matter in accordance with law.

3. The writ petition is, accordingly, dismissed as withdrawn. No costs. Consequently, W.M.P.Nos.35293 and 35295 of 2018 are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar bbr +1cc to Ms.Thenmozhi Shivaperumal, Advocate SR.No. 78944 W.P.No.30240 of 2018 ASK(07/12/2018) https://hcservices.ecourts.gov.in/hcservices/