B. Balamurugan v. The Indian Bank,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2015 CORAM :

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Petition (MD) No.20508 of 2015 and M.P(MD)No.1 of 2015 B.Balamurugan ... Petitioner Vs.

1. The Indian Bank, rep by its Branch Manager, No.13, Urimikaran Street, Bodinayakkanur, Theni District.

2. The Chief Manager/Authorized Officer, Indian Bank, No.13, Urimikaran Street, Bodinayakkanur, Theni District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the Respondents from taking any action against the house property comprised in Survey No.4094 and 4095 Ward No.2 Door No.64 P.H. Road Bodinaickanoor Theni District owned by the Petitioners family under the provisions of SARFAESI Act without proper valuation of the property referred in the Sale Notice and compliance of the statutory procedure contemplated under the Rules 8 and 9 of Security Interest Enforcement Rules under SARFAESI Act that too without impleading the legal heirs of the deceased owner Thangathai.

For Petitioner : Mr.R.Aravindan

ORDER

(Order of the Court was made by V.RAMASUBRAMANIAN,J.) In view of the endorsement made by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn with liberty to approach the Debts Recovery Tribunal. No costs. Consequently, M.P(MD)No.1 of 2015 is closed.

Sd/- Assistant Registrar (AE) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To

1. The Branch Manager, The Indian Bank, No.13, Urimikaran Street, Bodinayakkanur, Theni District.

2. The Chief Manager/Authorized Officer, Indian Bank, No.13, Urimikaran Street, Bodinayakkanur, Theni District.

SMS TE/SK-SKN/SAR-I : 02/12/2015 : 2P/3C Writ Petition (MD) No.20508 of 2015 and M.P(MD)No.1 of 2015 DATED:- 19.11.2015 https://hcservices.ecourts.gov.in/hcservices/