Sivasubramanian.S v. The Authorized Officer / Chief Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)Nos.9394 to 9396 of 2022 and W.M.P.(MD)Nos.6730, 6732, 6734 of 2022 S.Sivasubramanian ... Petitioner in W.P.(MD)No.9394 of 2022 Vinod Kumar ... Petitioner in W.P.(MD)No.9395 of 2022 Sri Gomathi Wires, Rep. by its Partner S.Sivasubramanian ... Petitioner in W.P.(MD)No.9396 of 2022 -Vs1.The Authorized Officer / Chief Manager, Canara Bank, North Veli Street Branch, No.83, North Veli Street, Madurai-625 001.

2.The Branch Manager, Canara Bank, North Veli Street Branch, No.83, North Veli Street, Madurai-625 001.

... Respondents in W.P.(MD)Nos.9394 & 9395 of 2022 1.The Authorized Officer / Chief Manager, Canara Bank, North Veli Street Branch, No.83, North Veli Street, Madurai-625 001.

2.The Branch Manager, Canara Bank, North Veli Street Branch, No.83, North Veli Street, Madurai-625 001.

3.S.Vinod Kumar 4.S.Gomathi 5.P.Jawahar ... Respondents in W.P.(MD)No.9396 of 2022 COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned auction sale notice issued by the 1st respondent dated 19.04.2022 and quash the same.

For Petitioner : Mr.V.Panneerselvam For Respondents : Mr.R.Pandivel, Standing Counsel (in all W.Ps.) COMMON ORDER [Order of the Court was made by D.KRISHNAKUMAR, J.] The auction sale notice dated 19.04.2022 issued by the 1st respondent, fixing the date of sale on 10.05.2022, is under challenge in these Writ Petitions. 2.Today, when the matter was taken up for hearing, the learned Standing Counsel for the respondents submitted that the conditional interim order of this Court dated 06.05.2022 has been complied with by the petitioners. Therefore, the auction sale notice dated 19.04.2022, which is impugned herein, has now become infructuous.

3.Recording the aforesaid submission made by the learned Standing Counsel for the respondents, these Writ Petitions are dismissed. It is needless to

mention that if any fresh notice is issued by the respondent Bank, it is for the petitioners to workout their remedy before the appropriate forum. In the meantime, if the petitioners are interested in settling the outstanding amount as on date, they can very well approach the respondent Bank either under One Time Settlement or by paying the entire outstanding amount as on date. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] & [R.V., J.] 20.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR W.P.(MD)Nos.9394 to 9396 of 2022 20.01.2023