M/S.Amoha Kamadhenu Traders v. Equitas Small Finance Bank Ltd.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)No.3314 and 3318 of 2025 1.M/s.Amoha Kamadhenu Traders, Properietor, Mr.V.Shanmuganathan, Door NO.375, Aranmanai Pudur Vilakku, Madurai Road, Theni District-625 531.

2.V.Shanmuganathan 3.S.Rajeswari

...Petitioners

-Vs1.Equitas Small Finance Bank Ltd., Cumbum Road, Near SBI Bank, Palanichettipatty, Theni-625 531, Rep.by its Authorized Officer, Mr.K.Muthuselvam 2.R.Keerthana

...Respondent

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent in Crl.M.P.No.7940 1/4

of 2024 on the file of the Chief Judicial Magistrate, Theni, and the consequential impugned warrant of Commission issued to the third respondent herein, quash the same and consequently direct the second respondent herein to furnish the statement of accounts with complete details of payment, rate of interest charged, dues payable to enable the petitioner to ascertain the actual dues payable. For Petitioner : Mr.K.Appadurai For R1 : Mr.S.Ponsenthil Kumaran For R2 : Mr.A.Joseph Jeery

ORDER

(Order of the Court was made by J.NISHA BANU, J.) This writ petition is filed challenging the warrant issued by the learned Chief Judicial Magistrate, Theni for taking possession of the property of the petitioner.

2.This Court during the earlier date of hearing had granted an order of interim stay on condition to pay a sum of Rs.20 lakhs. However, the said order has not been complied with.

3.When this Court was about to dismiss this writ petition, the learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition. He has also made an endorsement to that effect. 2/4

4.Recording the same, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (J.N.B.,J.) (S.S.Y.,J.) 01.04.2025 Index : Yes/No Internet : Yes/No ta 3/4

J. NISHA BANU,J.

and S.SRIMATHY.J ta 01.04.2025 4/4