Sivaraman.S v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.6932 of 2022 and W.M.P.(MD)No.5313 of 2022 S.Sivaraman ... Petitioner Vs.

1.The Authorised Officer, Credit Recovery and Management Department, Administration Office, No.24-B, Gandhi Nagar, Kumbakonam- 612 001, Thanjavur District.

2.The Branch Manager, City Union Bank Ltd., Srivilliputhur Branch, No.144/2, South Car Street, Srivilliputhur Town, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned tender cum auction sale notice in C.O/REC/NPA/2021 - 2022 dated 19.03.2022 issued by the first respondent under SARFAESI Act and to quash the same as illegal and arbitrary.

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For Petitioner :Mr.M.Thirunavukkarasu For Respondents :Mr.R.Pandivel Standing Counsel for Bank

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) Challenging the impugned tender cum auction sale notice in C.O/REC/NPA/2021-2022 dated 19.03.2022, issued by the first respondent, the above writ petition is filed.

2.Heard Mr.M.Thirunavukkarasu, learned Counsel appearing for the petitioner and Mr.R.Pandivel, learned Standing Counsel appearing for the respondent Bank.

3.When the matter is taken up for hearing today, both counsels admitted that the writ petition is filed challenging only the tender cum auction sale notice dated 19.03.2022. It is further stated that for want of bidders, there was no sale and the writ petition is liable to be dismissed as infructuous. 4.It is further stated that the same writ petitioner has filed a subsequent writ petition and the same was also disposed of by this Court, on 11.08.2022 in W.P(MD)No.18112 of 2022.

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5.In view of the above, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [S.S.Y., J.] 12.08.2022 Index : Yes / No aav/Ns To 1.The Authorised Officer, Credit Recovery and Management Department, Administration Office, No.24-B, Gandhi Nagar, Kumbakonam- 612 001, Thanjavur District.

2.The Branch Manager, City Union Bank Ltd., Srivilliputhur Branch, No.144/2, South Car Street, Srivilliputhur Town, Virudhunagar District.

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S.S.SUNDAR, J.

and S.SRIMATHY , J.

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