Madras High CourtWP(MD)/1777/2022dismissed as infructuous

Kamaraj.S v. The Authorised Officer

2022-02-01Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan2 pages

W.P(MD)No.1777 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2022

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.1777 of 2022 and W.M.P.(MD) Nos.1563 and 1564 of 2022 S.Kamaraj ... Petitioner Vs.

The Authorised Officer, Punjab National Bank, (Erstwhile Oriental Bank of Commerce), North Veli Street Branch, 16-17, A.R. Plaza, North Veli Street, Madurai City - 625 001.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned e-auction sale notice issued by the respondent dated 31.12.2021 whereby it was decided to conduct the sale of petitioner's property on 31.01.2022 under Rule 8(2) of the SARFAESI Act and to quash the same as illegal and unconstitutional.

For Petitioner : Mr.C.Gangai Amaran For Respondent : Mr.Veera Pandian Standing Counsel

O R D E R

(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Writ Petition has been directed against the e-auction sale notice, dated 31.12.2021, issued by the respondent, fixing the date of auction as 31.01.2022.

2.Mr.Veera Pandian, learned Standing Counsel, who accepts notice on behalf of the respondent, on instructions, submitted that the auction was put off for want of bidders.

3.Since the auction date is already over, nothing survives for adjudication and the Writ Petition has become infructuous. In view https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1777 of 2022 of the same, the Writ Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sj 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.

TO:

The Authorised Officer, Punjab National Bank, (Erstwhile Oriental Bank of Commerce), North Veli Street Branch, 16-17, A.R. Plaza, North Veli Street, Madurai City - 625 001.

W.P(MD)No.1777 of 2022 01.02.2022 RD(11.02.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2