Maheshwari .D v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P(MD)Nos.2652, 2659 and 2661 of 2022 D.Maheshwari ... Petitioner vs.

The Authorized Officer, HDB Financial Services Limited, 3rd and 4th Floor, Hemalatha Mansion, 7-1-397/111 & 112, S.R. Nagar, Hyderabad-500 038, Telangana.

Also at :

No.27/1, 1st floor, Annamalai Nagar, Trichy-620 018.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to Sale Notice dated 13/01/2022 and fixing the auction sale on 15.02.2022 and quash the same as illegal and arbitrary and further direct the DRT, Coimbatore to consider the S.A Sr. No.9985 of 2021 on merits based on the grounds raised and dispose of the same within the time frame fixed by this Court.

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For Petitioner : Mr.J.Sivaram For Respondent : Mr.M.Kannan

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to Sale Notice dated 13/01/2022, fixing the auction sale on 15.02.2022 and quash the same as illegal and arbitrary and further direct the DRT, Coimbatore, to consider the S.A Sr. No.9985 of 2021 on merits within a time frame. 2.

Today, when the matter was taken up for hearing, the learned counsel for the respondents submitted that subsequent to the E-auction notice, proceedings under Section 14 of the SARFAESI Act were initiated before the Chief Judicial Magistrate, Karur, in Cr.M.P.No.658/2022, wherein an order came to be passed on 23.08.2022 and therefore, nothing survives in this writ petition for adjudication.

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3.

Recording the said submission, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. [R.M.D.,J.] & [J.S.N.P.,J.] Index : Yes / No 14.09.2022 Internet : Yes bala 3/4

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

bala ORDER MADE IN DATED : 14.09.2022 4/4