Sivan Arisi Aalai v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).Nos.1833 of 2020 and 9712 of 2021 Sivan Arisi Aalai, Represented by its Partner, A.Sivakumar ... Petitioner Vs.

The Branch Manager, The Tamil Nadu Industrial Investment Corporation Limited, 5C/5B, Hotel Sakunthala Shopping Complex, II Floor, Trivandrum Road, Vannarpettai, Tirunelveli-627 003, Tirunelveli District.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, Calling for the records pertaining to the impugned E-Auction Notice issued by the respondent in his proceedings No.TIIC/TNY/BO/LAO/2019-20 dated 13.01.2020 and consequent paper publication published in Dinathanthi Tamil Daily Nellai Edition on 12.01.2020 in page No.9 and quash the same. For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.R.Saravanan, Standing Counsel for Mr.G.Murugan 1/4

O R D E R

This Writ Petition has been filed challenging the impugned EAuction Notice issued by the respondent in his proceedings in No.TIIC/TNY/BO/LAO/2019-20, dated 13.01.2020.

2. When the matter came up hearing on 03.10.2023, this Court passed the following order:

"The learned counsel for the petitioner submitted that the petitioner has died and sought time.

2. It is seen from the records that even as on the date on which the auction notice was issued, a sum of Rs.87.89 lakhs was due and payable by the petitioner and by virtue of the interim order passed by this Court on 04.02.2020, the petitioner deposited a sum of Rs. 10 lakhs. By virtue of the demise of the petitioner, the learned counsel for the petitioner shall take instructions as to who is going to prosecute the Writ Petition further.

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3. Post this case under the caption ''for orders'' on 10.10.2023."

3. The learned counsel appearing for the petitioner submitted that till date, he has not received any instructions to substitute any one in order to prosecute the Writ Petition.

4. In view the above, this Writ Petition is dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed. 10.10.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

N.ANAND VENKATESH, J.

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