P. Dharmaraj, v. The Branch Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.1 & 2 of 2013 P.Dharmaraj ... Petitioner Vs.

The Branch Manager, Canara Bank, Sattur Branch, Virudhunagar District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned auction notice, dated 12.02.2013, issued by the respondent bank and quash the same and issue a consequential direction directing the respondent bank to hand over the possession of the petitioner's tractor bearing TN 67 P 3828 and Trailor bearing Reg.No.TN 67 P 3829 to the petitioner. For Petitioner : M/s.Lakshmi Gopinathan For Respondent : Mr.K.Muraleedharan 1/3

ORDER

The present Writ Petition has been filed challenging an auction notice issued by the respondent Bank, under which, the tractor belonging to the writ petitioner was brought to auction due to default in payment of the loan.

2. According to the learned Counsel for the respondent Bank, the tractor has already been sold in November 2018 and the said amount has been credited to the loan account of the writ petitioner. For the balance amount, the respondent Bank has already filed original application in O.A.No.638 of 2021 before the Debt Recovery Tribunal (DRT), Madurai. In view of the subsequent events, the writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed. 01.09.2022 Index :

Yes / No Internet :

Yes / No btr 2/3

R.

VIJAYAKUMAR , J.

btr To The Branch Manager, Canara Bank, Sattur Branch, Virudhunagar District.

Order made in 01.09.2022 3/3