Madras High CourtWP(MD)/8761/2022dismissed

Alaguraja .P v. The Debts Recovery Tribunal

2022-04-29Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice R.Vijayakumar2 pages

W.P(MD)No.8761 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.8761 of 2022 and W.M.P.(MD) No.6382 of 2022 P.Alaguraja .. Petitioner Vs 1.The Debts Recovery Tribunal, IV Floor, Kalyani Tower, Melur Road, Madurai.

2.The Authorized Officer, Union Bank of India, (Erstwhile Corporation Bank) 226, Ground Floor, 51, Beach Road, Tuticorin - 628 001.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the impugned Auction Sale Notice issued by the 2nd Respondent dated 11.04.2022, published on 13.04.2022 fixing the date of Sale on 29.04.2022 and quash the same. For Petitioner :

Mr.S.Suresh For Respondents :

Mr.R.Pandivel Standing Counsel for R2

ORDER

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

The present writ petition has been filed challenging the auction sale notice dated 13.04.2022, issued by the second respondent, proposing to hold the sale today i.e., 29.04.2022. 2.

Previously, the writ petitioner was issued with two sale notices and he has also filed a SARFAESI Appeal. By an order dated 11.02.2022, the Debts Recovery Tribunal has passed the order in favour of the writ petitioner directing him to comply with certain conditions but the directions were not complied with by the writ petitioner. Hence the present sale notice has been issued and the writ petitioner has approached this Court on the date of sale. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.8761 of 2022 3.

We find that, the petitioner lacks bonafides and we are not inclined to entertain the writ petition on the last date. 4.

The Writ petition stands dismissed. No costs. W.M.P.(MD) No. 6382 of 2022 would not survive.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) ssm/17 To 1.The Debts Recovery Tribunal, IV Floor, Kalyani Tower, Melur Road, Madurai.

W.P(MD)No.8761 of 2022 29.04.2022 RD(25.05.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2