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Madras High CourtWP(MD)/8111/2022dismissed

M/S C.V.Tex, v. The Authorised Officer / Chief Manager

2022-04-26Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice R.Vijayakumar2 pages

W.P(MD)No.8111 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.8111 of 2022 1.M/s.C.V.Tex, Rep. by its Prop: Mr.M.C.Madasamy, Door No.2/39-D Karadi Mark Street, Dhalavaipuram, Rajapalayam - 626 188.

2.Mr.C.Madasamy (Borrower/Morgagor), Door No.43/1, 43/2, Karmgea Nadar Street, Chettiarpatti Village & Town Panchayat, Rajayapalayam, Virudhunagar District.

.. Petitioners Vs The Authorised Officer/Chief Manager, Indian Bank, Rajapalayam Branch, 825, Tenkasi Road, Rajapalayam - 626 117.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to E-Auction Sale Notice issued through paper publication dated 05.04.2022 issued by the respondent and to quash the same and direct the respondent to regularize the account of the petitioner.

For Petitioners :

Mr.Thenmozhi Shiva Perumal For Respondent :

Mr.R.Pandivel

ORDER

(Made by R.VIJAYAKUMAR,J.) 1.

The present writ petition has been filed challenging the sale notice dated 05.04.2022. The sale was proposed to be held on 25.04.2022. The writ petition has been presented on 19.04.2022 and numbered on 25.04.2022.

2.

Learned counsel appearing on behalf of the respondent bank, on instructions, submitted that the sale has already been taken place on 25.04.2022.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.8111 of 2022 3.

The prayer in the writ petition is to quash the sale notice. Thus we find that, the sale has already been taken place and, no useful purpose would be served in keeping this writ petition pending.

4.

In view of above, W.P.(MD) No. 8111 of 2022 is dismissed. No costs. W.M.P.(MD) Nos.6050, 6051 and 6071 of 2022 would not survive.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ssm/24 +1 CC to M/s.THENMOZHI SHIVA PERUMAL, Advocate ( SR-21613[F] dated 27/04/2022 ) W.P(MD)No.8111 of 2022 26.04.2022 GM(CO) GC(11.05.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2