Thirumurthy.G v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.7404 of 2022 and W.M.P.(MD)Nos.5640 and 5641 of 2022 G.Thirumurthy ... Petitioner -Vs1.The Authorized Officer, Bank of Baroda, No.115, Eswari Towers, 1st Floor, Near Archana Darsana Theatre, Devaganga High School Road, R.S.Puram, Coimbatore-641 002.

2.Fareetha Begum M ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the learned Chief Judicial Magistrate, Trichirappalli in Crl.M.P.No.1974 of 2022, impugned order dated 07.04.2022 passed under Section 14 of SARFAESI Act and set aside the same and consequentially direct the respondents not to initiate any coercive steps or take any action to take possession of the petitioner's property pending S.A.No.130 of 2021 on the file of DRT, Madurai. For Petitioner : Mr.V.Panneer Selvam For R1 : Mr.K.Muraleedharan For R2 : Mr.P.Venkatesan

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Today, when the matter is taken up for hearing, the learned counsel for the respondent Bank submitted that the property in question has already been sold and sale certificate was also issued in favour of the 2nd respondent and possession was also taken.

2.In view of the above submission made by the learned counsel for the respondent Bank, there is no further adjudication required in this matter. Therefore, this Writ Petition stands dismissed with liberty to the petitioner to workout his remedy before the appropriate forum in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] & [R.V., J.] 07.02.2023 (3/3) NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR W.P.(MD)No.7404 of 2022 07.02.2023 (3/3)