The Chief Manager v. The Arbitrator

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN and W.M.P(MD)Nos.6829 and 6830 of 2020 The Chief Manager, Karur Vysya Bank, Asset Recovery Branch, 170/9, Melur Road, Near Mattuthavani Bus Stand, Uthankudi, Madurai -625 107 .. Petitioner Vs 1.The Arbitrator, Central Chennai Chit Fund Cases Court, Chennai - 1.

2.The Deputy Registrar of Chits, Tiruchirappalli.

3.The Sub Registrar, Woraiyur Sub- Registrar Office, Tiruchirappalli.

4.The Branch Manager, M/s.Maragadarsi Chits Private Limited, 41, 1st street, Bharathidasan Salai, Cantonment, Tab Complex, Trichy 620 001.

5.M/s.Veera Traders represented by its sole proprietrix D.Saraswathi, No.25-H, Sastri Road, Thillai Nagar, Tiruchirappalli.

6.N.Veeradharan 7.D.Saraswati 8.P.Rajarathinam .. Respondents 1/3

PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a a Writ of Certiorarified Mandamus, to call for the impunged order of attachment passed by the 2nd respondent under ARC No. 74/2014, dated 08.01.2015 and ARC No. 101/2015, dated 05.01.2016 pertaining to illegal attachment of the property at Girnanjali Apartments, Sastri Road, Flat No.C of the 2nd Floor, T.S.No. 86, Block No.29, Ward -D, Woraiyur Sub Registration District, Tiruchirapalli District, under Total land measurement of 7358 Sq.ft., 1/12th undivided share of vacant land in value to 612 Sq.ft., measuring build up plinth area of 1135 Sq.

ft and to quash the same as illegal and further direct the 3rd respondent to remove the above said impugned entries of attachment in Book IV of the 3rd respondent pertaining to the attachment of the above said property and further direct the 3rd respondent to register the sale certificate / deed of the above said property auctioned by the petitioner bank in favour of the 8th respondent. For Petitioner : Mr.K.R.Laxman For R2 & R3 : Mr.K.Sathiya Singh, Additional Government Pleader For R4 : Mr.R.

ORDER

The learned counsel appearing for the petitioner has circulated a letter dated 15.02.2021, to the Registry, seeking permission of this Court to withdraw this writ petition and hence, the matter is posted today under the caption "for withdrawal". 2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner sought permission of this Court to withdraw this Writ Petition.

3.In view of the above, the Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition are also dismissed.

Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk 2/3

To 1.The Arbitrator, Central Chennai Chit Fund Cases Court, Chennai - 1.

2.The Deputy Registrar of Chits, Tiruchirappalli.

3.The Sub Registrar, Woraiyur Sub- Registrar Office, Tiruchirappalli.

+1 CC to M/s.R.DEVARAJ, Advocate ( SR-6289[F] dated 19/02/2021 ) +1 CC to M/s.SPL GP ( SR-6237[F] dated 19/02/2021 ) 18.02.2021 SV2(CO) TR(09.03.2021) 3P 6C 3/3