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Madras High CourtWP(MD)/16860/2015withdrawn dismissed

Nellai Maavatta Panjaalai v. Ms/.Subburaj Textile Mills

2016-04-20Honourable Mr Justice S. Manikumar,Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2016

CORAM

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE S.S.SUNDAR W.P.(MD)No.16860 of 2015 and M.P.(MD).Nos.1 to 5 of 2015 Nellai Maavatta Panjaalai Thozhilalar Sangam, rep. By its General Secretary, Mr.R.Manikandan.

... Petitioner Vs.

1.M/s.Subburaj Textile Mills Private Limited, rep. By its Managing Director, Mr.V.Subburaj, Madurai Road, Sankar Nagar, 2.The Chief Manager & Authorized Officer, State Bank of India, Stressed Assets Management Branch, 1112, Raja Plaza, Avinashi Road, Coimbatore-641 037.

3.The District Collector, Tirunelveli District Collectorate, Kokkarakulam, Tirunelveli, 4.The Secretary to Government, Ministry of Labour, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-6.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the impugned e-auction sale notice dated 10.08.2015 issued by the 2nd respondent and quash the same and directing the 2nd respondent forbearing from taking of the physical possession of mills as per the 3rd respondent's order dated 07.08.2015 and

grant permission to run the mills till the fresh e-auction sale proceedings are completed and permission under Section 25(O) of I.D Act is obtained and complied with and to issue such other appropriate directions and grant such other remedy and relief to this petitioner.

For Petitioner : Mrs.K.R.Shiva Shankari for Mr.S.Srinivasa Raghavan For Respondents :Mr.V.Meenakshi Sundaram for R-2 Mr.A.K.Baskara Pandiyan for RR-3 & 4

ORDER

(order of this Court was made by S.MANIKUMAR, J.) Mrs.K.R.Siva Shankari, one of the learned counsels on record seeks permission of this court to withdraw this writ petition.

2. An endorsement to that effect is also made.

3. Recording the above, the writ petition is dismissed as withdrawn. Consequently, the interim order already granted by this court on 16.09.2015 is vacated. However, no leave is granted to the petitioner to file a fresh writ petition on the same cause of action. Connected miscellaneous petitions are also dismissed. There is no order as to costs.

Sd/ Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.Managing Director, M/s.Subburaj Textile Mills Private Limited, Mr.V.Subburaj, Madurai Road, Sankar Nagar, 2.The Chief Manager & Authorized Officer, State Bank of India, Stressed Assets Management Branch, 1112, Raja Plaza, Avinashi Road, Coimbatore-641 037.

3.The District Collector, Tirunelveli District Collectorate, Kokkarakulam, Tirunelveli, 4.The Secretary to Government, Ministry of Labour, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-6.

+1 cc to MR.V.MEENAKSHI SUNDARAM, Advocate Sr.No.22173 +1 cc to MR.S.SRINIVASA RAGHAVAN, Advocate SR.No.22270 +1 cc to Special Government Pleader SR.No.22521 W.P.(MD)No.16860 of 2015 and M.P.(MD).Nos.1 to 5 of 2015 20.04.2016 SMA/PV/16/09/2016 :3P/8C