Madras High CourtWP(MD)/3286/2023dismissed as infructuous

R.Ravishankar v. The Authorized Officer

2023-03-01Honourable Mr Justice D. Krishnakumar,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.3037 of 2023 R.Ravishankar ... Petitioner vs.

The Authorized Officer, Union Bank of India, Asset Recovery Branch, No.9. Elcanso Complex, Casa Major Road, Egmore, Chennai - 600 008.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned E-auction sale notice in proceeding ARB:654/2022-23, dated 02.02.2023 issued by the respondent and quash the same. For Petitioner : Mr.B.Prasanna Vinoth For Respondent : Mr.V.S.Karthi 1/4

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is seeking for issuance of a Writ of Certiorari, to quash the impugned E-auction sale notice, dated 02.02.2023 issued by the respondent.

2.Today, when the matter is taken up for hearing, the learned counsel appearing for the respondent submitted that pursuant to the order passed by this Court, dated 20.02.2023, the petitioner has paid a sum of Rs.55,00,000/- to the respondent Bank. The learned counsel appearing for the respondent further submitted that the sale could not be taken place for want of bidders on 23.02.2023 and therefore, nothing survives in this Writ Petition for adjudication.

3.The learned counsel appearing for the petitioner made a request that the petitioner paid more than 60% of the outstanding amount and therefore, he seeks for removal of lock and seal. 2/4

4.Considering the submissions made on either side, this Writ Petition is dismissed as infructuous. However, liberty is granted to the petitioner to approach the respondent Bank seeking for such request, in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed.

[D.K.K.,J.] [L.V.G.,J.] 01.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps To The Authorized Officer, Union Bank of India, Asset Recovery Branch, No.9. Elcanso Complex, Casa Major Road, Egmore, Chennai - 600 008.

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D. KRISHNAKUMAR ,J.

and L.VICTORIA GOWRI,J.

ps ORDER MADE IN DATED : 01.03.2023 4/4