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Madras High CourtWP(MD)/4812/2023dismissed as infructuous

Shivakkumar.S v. The Authorised Officer

2023-04-10Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD) No.4812 of 2023 and W.M.P.(MD) Nos.4487 & 4488 of 2023 S.Shivakkumar ... Petitioner -vs1.The Authorised Officer, Indian Bank, Perambalur Branch, 22/47, Sanjeevarayankoil Street, Perambalur, Perambalur District - 621701.

2.The Branch Manager, Indian Bank, Perambalur Branch, 22/47, Sanjeevarayankoil Street, Perambalur, Perambalur District - 621701.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari by calling for the records, pertaining to the impugned e-Auction sale notice dated 18.02.2023 issued by the first respondent and quash the same.

For Petitioner :

Mr.G.Mohankumar For Respondent :

Mr.R.Pandivel, Standing Counsel

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The challenge in this writ petition is to the e-Auction sale notice, issued by the first respondent, dated 18.02.2023.

2. Mr.G.Mohan Kumar, learned counsel appearing for the petitioner and Mr.R.Pandivel, learned standing counsel appearing for the bank would submit that the interim order, dated 08.03.2023, has not been complied with.

3. Mr.R.Pandivel, learned standing counsel appearing for the bank would add that in view of the stay granted, the bank has not conducted the sale and very sale notice has become redundant. Therefore, he would invite the Court to dismiss the writ petition as having become infructuous.

4. Accepting his submissions, this writ petition is dismissed as infructuous. We make it clear that we have not decided any issue on merits. No Costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 10.04.2023 NCC :

Yes/No Index :

Yes/No Internet :

Yes PM

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm W.P.(MD) No.4812 of 2023 10.04.2023