Madras High CourtWP(MD)/5622/2019withdrawn dismissed

T.S.Elgi Fueling Technology v. The Authorized Officer,

2019-03-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5622 of 2019 and W.M.P.(MD).No.4450 of 2019 T.S.Elgi Fueling Technology Limited, Rep. By its Director, Mr.P.Natarajan, S/o.Periyasamy, No.26/4, Round Road, Nethaji Nagar, Dindigul District.

... Petitioner Vs

1. The Authorized Officer, Catholic Syriyan Bank, Zonal Office, 2nd Floor, Siva Complex, No.54, Old Post Office Road, Coimbatore, Coimbatore District.

2. The Branch Manager, Catholic Syriyan Bank, Udumalapet Branch, Udumalapet, Tiruppur District.

3.S.Sathyanathan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus by forbearing the respondents 1 and 2 from taking any action against the petitioner and his company properties in pursuance of their illegal and unlawful action under the SARFAESI Act based on the Memorandum of Deposit of Title Deed executed by the third respondent dated 30.06.2011 and in the light of the petitioner's reply dated 20.09.2018.

For Petitioner : Mr.N.Balamuralikrishnan For Respondents 1 & 2 : Mr.Pala Ramasamy Standing Counsel

ORDER

https://hcservices.ecourts.gov.in/hcservices/ Heard the learned counsel on either side. By consent of both

parties this writ petition is taken up for final disposal at the admission stage itself.

2.The learned counsel appearing for the writ petitioner seeks permission of this Court to withdraw the writ petition with liberty to move the appropriate forum.

3.The writ petition is dismissed as withdrawn with the above said liberty. It is made clear that all the rights and contentions of the writ petitioner are left open. No costs. Consequently, the connected W.M.P.(MD).No.4450 of 2019 is also stand dismissed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) +1 CC to M/s.PALA.RAMASAMY, Advocate ( SR-53413[F] dated 12/03/2019 ) W.P.(MD)No.5622 of 2019 11.03.2019 vsg AE (26.04.2019) 3P 2C https://hcservices.ecourts.gov.in/hcservices/