M/S.Arun Polymers v. The Divisional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.3558 of 2022 and W.M.P.(MD)Nos.3733 & 16797 of 2022 M/s.Arun Polymers, Rep. by its Proprietor, Arun Kumar ... Petitioner -Vs1.The Divisional Manager, Canara Bank, Madurai Region, Madurai.

2.The Authorized Officer, Canara Bank, SME Branch, Nehruji Nagar, Dindigul District.

3.Vinodhkumar 4.M/s.Kumars Polybag India Private Limited, Represented by its Director, K.Ravikumar ... Respondents (R4 is impleaded vide Court order dated 18.03.2022 in W.M.P.(MD)No.3835 of 2022 in W.P.(MD)No.3558 of 2022) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 2nd respondent sale notice dated 02.02.2022 and the impugned order of the 1st respondent in Ref.MDU/REL/CHAN/77785, dated 08.02.2022 and quash the same and consequently, permit the petitioner to clear the dues by the one time settlement.

For Petitioner : Mr.S.Ramsundarvijayaraj For R1 and R2 : Mr.N.Dilip Kumar, Standing Counsel For R3 : No Appearance For R4 : Mr.M.Ajmal Khan, Senior Counsel, for M/s.Ajmal Associates

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Today, when the matter was taken up for hearing, the learned Standing Counsel for the respondent Bank submitted that sale proceedings had not taken place for want of bidders. Therefore, the prayer sought for in this Writ Petition has become infructuous.

2.Recording the aforesaid submission made by the learned Standing Counsel for the respondent Bank, this Writ Petition stands dismissed. If the petitioner has any grievance, he is at liberty to approach the Debts Recovery Tribunal for appropriate relief. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] & [R.V., J.] 25.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR W.P.(MD)No.3558 of 2022 25.01.2023