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Madras High CourtWP(MD)/4323/2021closed

Sreeram.N v. The Authorized Officer

2021-04-16Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD) No.4323 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.4323 of 2021 N.Sreeram ... Petitioner -vsThe Authorized Officer M/s.Punjab National Bank Trichy Main Branch Office No.7, Royal Road Cantonment, Trichy-620 001 ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondent from taking any coercive action in pursuance to the possession notice under Section 13(4) of SARFAESI Act issued by the respondent dated 20.02.2020.

For Petitioner : No appearance For Respondent : Mr.V.Veerapandian for M/s. Vast Law Associates

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] None appears for the petitioner.

2. This writ petition has been filed for issuing a writ of mandamus to forbear the respondent - Bank from initiating any coercive action pursuant to the possession notice, which was issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

3. The learned counsel appearing for the respondent - Bank, on instructions, submitted that subsequent to the possession notice, a sale notice has been issued and the writ petitioner has also challenged the same before the Debts Recovery Tribunal in S.A.No.169 of 2021, in which interim order was granted, on 29.03.2021, not to confirm the sale.

4. In the light of the subsequent development, no relief can be granted in this writ petition and the same is therefore https://hcservices.ecourts.gov.in/hcservices/ ___________

W.P.(MD) No.4323 of 2021 closed. However, liberty is given to the petitioner to pursue his claim before the Debts Recovery Tribunal in the pending S.A.No.169 of 2021. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

W.P.(MD) No.4323 of 2021 16.04.2021 NA(CO) KB(27.04.2021) 2P 1C https://hcservices.ecourts.gov.in/hcservices/ ___________