Muthuramalingam v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.P.(MD) No.7144 of 2023 and WMP(MD) Nos.6748 to 6750 of 2023 1.Muthuramalingam 2.Sangeetha ... Petitioners -vsThe Authorized Officer, Canara Bank Iyer Bungalow Branch Madurai 625 014.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to impugned sale notice dated 27.02.2023 issued by the respondent and quash the same. For Petitioners :

Mr.M.Gurudas For Respondent :

Mr.V.S.Karthi Standing counsel

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] The order passed by this Court on 30.03.2023 is not complied with. The order is conditional one. Rs.31,00,000/- as directed has not been deposited.

2. The petitioners are challenging the sale notice. Pursuant to the sale notice impugned in the present writ petition, no bidders have been received by the bank, as contended by the learned counsel for the Bank.

3. This Court has passed an interim order, wherein directions were given to deposit the amount or else the bank has to proceed with the auction.

4. As no bidders are received with regard to the auction in question, nothing survives in the writ petition. The bank has already issued a fresh sale notice. If the bank issues a fresh sale notice, it is for the petitioners to assail in accordance with law. However, at that time, the conduct of the petitioners would

be relevant in not abiding by the orders of this Court dated 30.03.2023.

5. The Writ Petition is disposed of accordingly. However, there is no order as to costs. Consequently connected Miscellaneous Petitions are closed. [S.V.G., CJ.] [R.S.M, J.] 22.06.2023 NCC : Yes / No Index : Yes / No RR

THE HON'BLE THE CHIEF JUSTICE and R.SUBRAMANIAN, J.

RR W.P.(MD)No.7144 of 2023 22.06.2023