Madras High CourtWP(MD)/1621/2022dismissed as infructuous

Sumathi K v. The Manager

2022-01-31Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.01.2022

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)NO.1621 OF 2022 and W.M.P(MD)Nos.1411 and 1412 of 2022 K.Sumathi :Petitioner .vs.

1.The Manager, Indian Bank, Srirangam Branch, Srirangam, Trichy.

2.Deivendiran : Respondents 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 relating to the impugned notice of intended sale issued under Rule 6(2) and 8(2) of the Security Interest (Enforcement Rules),2002, dated 6.11.2021 and to quash the same as illegal and consequently to direct the first respondent to permit the Petitioner to exercise her right to redemption of mortgaged property in the light of Section 13(8) of the SARFAESI Act, 2002. For Petitioner : Mr.S.Muthukumar For Respondent-1 : Mr.R.Pandivel Standing Counsel

O R D E R

********* (Order of the Court was made by PUSHPA SATHYNARAYANA,J) This Writ Petition is directed against the sale notice, dated 06.11.2021 issued by the respondents/Bank.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

3.The Writ Petition itself is filed on 21.01.2022, before which, the sale was conducted and the Sale Certificate was issued and registered on 30.12.2021 and the Document Number assigned is 785.

4.As the sale has already taken place, the Writ Petition itself has become infructuous and accordingly, the same stands dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are dismissed.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2022 Sub Assistant Registrar(CS) vsn 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.

0RDER MADE IN W.P(MD)NO.1621 OF 2022 and W.M.P(MD)Nos.1411 and 1412 of 2022 31.01.2022 KK(CO) TR(11.02.2022) 2P 1C https://hcservices.ecourts.gov.in/hcservices/ 2/2