G.Murugan v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P(MD).Nos.2213, 2214, 15672 and 16698 of 2020 G.Murugan ... Petitioner Vs.

1.The Branch Manager, The Tamilnadu Industrial Investment Corporation Limited, No.1A, 2nd East Main Street, Anna Nagar, Madurai-20.

2.The Branch Manager, The Tamil Nadu Industrial Investment Corporation Limited, SPK Corporate Center, 2nd Floor Opp.Dr.Ambedkar Statue, 45, Shanmuga Raja Road, Karaikudi, Sivagangai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified, calling for the records relating to the impugned order in proceedings E-Auction Sale Notice dated 07.01.2020 under Section 29 of the State Financial Corporation Act, 1951 auction held to be on 14.02.2020 between 11.00 a.m., to 01.00 p.m., issued by the first respondent to quash the same as illegal and arbitrary.

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For Petitioner : Mr.S.Pugalendhi For Respondents : Mr.R.Saravanan for R1

ORDER

This Writ Petition was filed challenging E-Auction Sale Notice issued by the first respondent dated 07.01.2020 under Section 29 of the State Financial Corporation Act, 1951.

2. When this writ petition came up for hearing on 10.02.2020, this Court passed the following order:

"There shall be an order of interim stay on condition that the petitioner has to pay a sum of Rs.6,00,000/- (Rupees Six Lakhs only) within a period of six weeks. It is directed that out of which, atleast a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) should be paid on or before 27.02.2020. It is made clear that in case the petitioner fails to pay the amount, the petitioner is also liable to bare the expenses towards subsequent sale."

3. It is brought to the notice of this Court that the writ petitioner did not comply with the above order.

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4. The learned counsel appearing for the petitioner submits that an attempt is being made to reach one time settlement with the Corporation.

5. This is not a ground for keeping this writ petition pending and since the petitioner has not complied with the condition imposed by this Court, this Writ Petition stands dismissed. It is left open to the petitioner to work out the one time settlement with the Corporation. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

03.10.2023 Index :Yes/No Internet : Yes/No ssb 3/5

To 1.The Branch Manager, The Tamilnadu Industrial Investment Corporation Limited, No.1A, 2nd East Main Street, Anna Nagar, Madurai-20.

2.The Branch Manager, The Tamil Nadu Industrial Investment Corporation Limited, SPK Corporate Center, 2nd Floor Opp.Dr.Ambedkar Statue, 45, Shanmuga Raja Road, Karaikudi, Sivagangai District.

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N.ANAND VENKATESH.J., ssb Order made in Dated :

03.10.2023 5/5