Three Roses Textile Pvt Ltd., v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI and W.M.P(MD) Nos.1319 and 1320 of 2021 (Through Video Conferencing) 1.Three Roses Textile Pvt. Ltd represented by its Director/Authorised Signatory R.Chandrakala having office at Chandrakala Complex, Azhagiamandapam Junction, Mulagumoodu PO Kanyakumari 629167 2.Jharsanya Logistics Pvt. Ltd., represented by its Director/Authorised Signatory R.Chandrakala having office at B2 Unit No.207 2nd Floor, Opp. Imax Theatre Wadala Truct Terminal Wadala Aankik Road, Mumbai. 400037 3.CKR Infrastructure Private Limited.

Represented by its Director/Authorised Signatory R.Chandrakala having office at 28-35/12 Chandrakala Complex, Azhagiamandapam Junction, Mulagumoodu PO Kanyakumari 629167 4.R.Chandrakala : Petitioners Vs.

1.The Branch Manager, Tamilnadu Mercantile Bank Ltd., Verkizhambi Branch NO.3-130/47B Main Road Chanivilai, Verkizhambi Kanyakumari District.

2.The Branch Head Tamilnadu Mercantile Bank Limited, Mumbai Mandvi Branch 1/3

Hemprakash Building, 92 Kazi Syed Street, Mandvi, Mumbai.400030 : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned sale notice dated 17.12.2020 consequently direct the respondents to consider the petitioner's representation dated 08.10.2020 and 17.11.2020 for release of title deeds deposited with the bank as security for the loans borrowed on behalf of the 2nd and 3rd petitioners companies enabling the petitioner to settle the loan borrowed on behalf of the 1st petitioner company from the respondent bank and other creditors, who have supported the petitioners by giving a short term credit for discharging the other loans borrowed on behalf of the 2nd and 3rd petitioner company.

For Petitioner : Mr.J.Alaguram Jothi For Respondents : Mr.ARM Ramesh

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition.

2. In view of the submission so made, this writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh writ petition, if law so permits. No costs. Consequently connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

1.The Branch Manager, Tamilnadu Mercantile Bank Ltd., Verkizhambi Branch NO.3-130/47B Main Road Chanivilai, Verkizhambi Kanyakumari District.

2.The Branch Head Tamilnadu Mercantile Bank Limited, Mumbai Mandvi Branch Hemprakash Building, 92 Kazi Syed Street, Mandvi, Mumbai-400030 Order made in Dated: 01.02.2021 (SV2)CO AP(17/02/2021) 3P 3C 3/3