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Madras High CourtWP(MD)/7255/2025closed

M/S.5 No Beedi Factory v. The Karur Vysya Bank Ltd.

2025-09-24Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)Nos.5471 & 15574 of 2025 M/s.5 No Beedi Factory, Rep. by its Managing Partner, Mr.V.T.S.A.Abdul Hameed.

.. Petitioner Vs.

1.The Karur Vysya Bank Ltd., Rep. by Branch Manager, Palayamkottai Branch, Tirunelveli District - 627 002.

2.The Karur Vysya Bank Ltd., Rep. by Assistant General Manager, No.8-A, 1st Floor, Melur Main Road, Vinayaga Nagar, K.K.Nagar, Madurai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned reply letter from the 2nd respondent dated 22.01.2025 and quash the same and directing the 1st respondent herein to execute the cancellation deed in respect of MODT Doc.No.

4208 of 2016 dated on 29.07.2016 registered with the office of the Sub Registrar, Melapalayam based on the representation dated 20.12.2024 and consequently direct the 1st respondent herein to return the original documents in accordance with law and within a stipulated period. For Petitioner : Mr.M.P.Senthil for M/s.KV Law Firm For Respondents : Mr.V.Sukumar

ORDER

This writ petition is filed for the following relief : "to call for the records pertaining to the impugned reply letter from the 2nd respondent dated 22.01.2025 and quash the same and directing the 1st respondent herein to execute the cancellation deed in respect of MODT Doc.No. 4208 of 2016 dated on 29.07.2016 registered with the office of the Sub Registrar, Melapalayam based on the representation dated 20.12.2024 and consequently direct the 1st respondent herein to return the original documents in accordance with law and within a stipulated period."

2. When the matter is taken up for hearing, on instructions, the learned counsel for the petitioner submitted that an injunction petition is now pending before the Arbitrator and they will abide by whatever order the Arbitrator would pass in the interim injunction application. Once the order is passed in favour of the petitioner, it is well open to the petitioner to approach the Bank.

3. Recording the same, this Writ petition stands closed. No costs. Consequently, connected Miscellaneous Petitions are closed. 24.09.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg 24.09.2025