Madras High CourtWP(MD)/10017/2022dismissed as infructuous

Alaguraja.P v. The Debts Recovery Tribunal

2022-06-07Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice S.Srimathy2 pages

W.P.(MD).No.10017 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD).No.10017 of 2022 and W.M.P(MD).No.7135 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 Prayer:

Writ Petition filed under Article 26 of the Constitution of India, for the issuance of Writ of Certiorari, calling for the records pertaining to the impugned Auction Sale Notice issued by the 2nd respondent dated 30.04.2022, fixing the date of sale on 20.05.2022 and quash the same. For Petitioner : Mr.M.Arunachalam For R1 : Mr.V.Malaiyendiran Central Government Standing Counsel For R2 : Mr.Pandivel Standing Counsel

ORDER

(Order of the Court was made by S.S.SUNDAR.J.,) This Writ Petition is filed challenging the Auction Sale Notice, dated 30.04.2022, fixing the date of sale on 20.05.2022 to quash the same.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.10017 of 2022 2.Though there is no interim order in the writ petition, the learned counsel for the respondent Bank submitted that the sale could not be conducted for want of bidders. Since the sale, as scheduled earlier, has not taken place, the prayer in the writ petition has become infructuous. Therefore, the writ petition is liable to be dismissed as infructuous.

3.Accordingly, this Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 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.

W.P.(MD).No.10017 of 2022 and W.M.P(MD).No.7135 of 2022 07.06.2022 NSN(CO) KB(13.06.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2