M/S Car Care Centre v. The Authorized Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2023 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD)No.5651 of 2022
1. M/s. Car Care Centre, Rep by its Proprietor K.K.Rahubudeen No.45/1, Auto Nagar, Chennai Main Road, Kumbakonam 612001.
2. K.K.Rahubudeen ... Petitioners vs.
The Authorized Officer, Punjab National Bank, SASTRA Center, PNB House, Trichy Thanjavur Road, Kailasapuram, Trichy 620014.
... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to the sale notice for sale of the immovable property dated 16.03.2022 issued by the Respondent herein in respect of the 1/4
property at RS.No.45/1 part, Auto Nagar, Perumalpandi Village, Kumbakonam Taluk, quash the same.
For Petitioners : Mrs.A.L.Ganthimathi, Senior Counsel for Mr.C.Mahadevan For Respondent : Mr.S.Balasubramanian
ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.) Challenging the sale notice dated 16.03.2022 issued by the respondent Bank, this writ petition is filed. 2.
Learned counsel appearing for the respondent, on instructions, submitted that no auction sale was held as per the impugned sale notice. He further submitted that at the time of admission, conditional interim order was granted on 20.04.2022 and the respondent Bank also offered for one time settlement, but the same has not been complied with by the petitioner. 2/4
3.
Recording the aforesaid submission that the sale as per the impugned sale notice was not held, this Writ Petition is dismissed as infructuous. No costs. It is for the petitioner to approach the respondent Bank for settlement of the outstanding amount. Consequently, connected miscellaneous petition is closed. NCC : Yes / No [D.K.K.,J.] & [L.V.G.,J.] Index : Yes / No 09.02.2023 Internet : Yes bala 3/4
D.KRISHNAKUMAR , J.
and L.VICTORIA GOWRI , J.
bala ORDER MADE IN DATED : 09.02.2023 4/4