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Madras High CourtWP(MD)/2160/2023disposed of

Dinesh Babu. K v. The Branch Manager

2024-08-21Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD)Nos.1918 and 1919 of 2023 K.Dinesh Babu ... Appellant vs.

1. The Branch Manager, Fullerton India Home Finance Company Ltd., Office at 2nd Floor, No.163, Kamarajar Salai, Parameshwar Complex, Madurai-625 009.

2. The Authorized Officer, Fullerton India Home Finance Company Ltd., Office at 2nd Floor, No.163, Kamarajar Salai, Parameshwar Complex, Madurai-625 009.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order passed under Section 14 of SARFAESI Act by the Learned Chief Judicial Magistrate, Madurai, in Cr.M.P.No.1791 of 2022 dated 30.11.2022 and Page No.1 of 4

subsequent advocate commissioner notice dated 27.01.2023 and quash the same.

For Petitioner : Mr.P.Venkatesan For Respondents : No appearance

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) Challenge is to the order of the Chief Judicial Magistrate made under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2.

Despite service, none appears for the respondents / financial institution.

3.

Learned counsel appearing for the petitioner would submit that the conditional order passed by this Court dated 02.02.2023 has been complied with and the respondents / financial institution has also re-classified the account as standard account. Hence, nothing survives in the writ petition. Page No.2 of 4

4.

Recording the said submission, the Writ Petition is disposed of as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

(R.S.M, J.) (L.V.G, J.) 21.08.2024 Index : Yes / No : Yes / No bala Page No.3 of 4

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala ORDER MADE IN DATED : 21.08.2024 Page No.4 of 4