M/S. Gurudev Educational Charitable Trust v. The Regional Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.B. BALAJI and WMP(MD) Nos.7218, 7219, 7221,7222 & 7225 of 2025 M/s.Gurudev Educational Charitable Trust, Rep by its Managing Trustee, Gnanasekaran, S/o. Rasu Thevar, No. 122/013, North Street, Mekkilarpatti, Usilampatty Taluk, Madurai - 625 532.

... Petitioner -vs1.The Regional Director Reserve Bank of India Fort Glacis No.16 Rajaji Salai Chennai 600 001.

2.M/s.Auxilo Finserve Pvt Ltd., Rep. by its Regional Authorized Officer, Brand Office No.71 Orchid Centre 1st Floor, Kannappan Street, Nelson Manickam Road, Aminjikarai, Chennai - 600 029.

3.The Sub Registrar Sub Registrar Office

Usilampatti Taluk 625 532 Madurai District 4.Ponmani Matriculation Higher Secondary School Rep. by its Managing Director, PTM Nagar Usilampatti Taluk Madurai.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned 5th E-Auction Sale Notice for Sale of Immovable Assets under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, issued by the 2nd respondent vide his proceedings nil dated 12.02.2025 in respect of Loan Account Nos. 400319006976, 400319011336, 400319012125, 400319012563 and 400319019585 and quash the same as illegal, and restraining the 3rd respondent from taking any action on any document, purportedly in reference to the auction sale of the property mentioned in the impugned e-auction sale notice and consequently direct the 2nd respondent to permit the petitioner to exercise his right of redemption and release the property upon payment of loan outstanding.

For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.A.Sivasubramanian for R2 Mr.SRA.Ramachandran Additional Government Pleader for R3 Mr.K.K.Samy for R4

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE]

Shri.N.Dilip Kumar, on instructions, seeks leave to withdraw the petition.

2. Petition is dismissed as withdrawn. There shall be no order as to costs. Consequently connected Miscellaneous Petitions stand closed. [K.R.SHRIRAM., C.J.] [P.B. BALAJI, J.] 08.04.2025 NCC : Yes/No Index : Yes/No RR To The Sub Registrar Sub Registrar Office Usilampatti Taluk 625 532 Madurai District

THE HON'BLE CHIEF JUSTICE AND P.B.BALAJI, J.

RR ORDER IN WP(MD) No.9678 of 2025 Date : 08/04/2025