Mary Helen v. Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.5908 of 2023 Mary Helen ... Petitioner -vsAuthorized Officer, Bank of Baroda, No.34, Balamore road, Nagerkovil, Kanyakumari-629 001.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned sale notice of the respondent dated 22.02.2023 for E-Auction scheduled to be conducted on 28.03.2023 between 2.00 p.m and 6.00 p.m and quash the same as illegal.

For Petitioner : Mr.R.Balamuruganantham For Respondent : Mr.P.Pethu Rajesh Standing Counsel

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] The petitioner has filed this Writ Petition challenging the impugned sale notice of the respondent dated 22.02.2023 for E-Auction scheduled to be conducted on 28.03.2023 between 2.00 p.m and 6.00 p.m.

2. Heard Mr.R.Balamuruganantham, learned counsel for the petitioner and Mr.P.Pethu Rajesh, learned Standing Counsel for the respondent.

3. It is now represented that challenging the sale notice of the respondent dated 22.02.2023 for E-Auction, which is impugned in the Writ Petition, the borrower has also gone before the Debts Recovery Tribunal in S.A.No.97 of 2023. It is further stated that interim order was also granted on conditions.

4. In such circumstances, giving liberty to the petitioner to prosecute and pursue the SARFAESI Application in S.A.No.97 of 2023, this Writ Petition is dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

[S.S.S.R, J.] [D.B.C., J.] 02.08.2023 Index : Yes / No sj

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

sj 02.08.2023