Raja P.S v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.5353 of 2022 1.P.S.Raja 2.Pandara Nadar ... Petitioners -vs1.The Branch Manager Indian Bank Azhagappapuram Branch 6/28-E, Fathima Road Kanyakumari District 2.The Authorized Officer Indian Bank Zonal Office Nagercoil ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the sale auction notice

dated 23.02.2022 issued by the 2nd respondent under the SARFEASI Act in respect of the sale notice mentioned property and to set aside the sale on EAuction conducted on 29.03.2022. For Petitioners :

Mr.K.Sujith For Respondents :

Mr.C.Karthick

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Challenge in this writ petition is to the sale auction notice, dated 23.02.2022, issued by the respondent - Bank.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the respondent - Bank submitted that after conducting sale pursuant to the sale auction notice dated 23.02.2022, sale certificate has been issued to the auction purchaser and the excess amount from and out of the sale proceeds has also been deposited to the petitioners' account and therefore, nothing survives for adjudication in this writ petition.

3. Recording the above submissions of the learned counsel for the respondent - Bank, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 26.09.2022 (3/3) Index :

Yes / No Internet :

Yes / No krk

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.5353 of 2022 26.09.2022 (3/3)