Ulaganathan.R v. The Central Bank Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09.04.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.B. BALAJI and WMP(MD). No.8416 of 2023 R.Ulaganathan ... Petitioner Vs

1. The Central Bank of India, Rep. by its Chief Manager, Central Bank Building, 2nd Floor, M.G.Road, Hutatma Chowk, Fort, Mumbai-400 023.

2. The Regional Manager, Central Bank of India, Raja Muttiah Mandram, 1st Floor, Dr.Ambedkar Road, Madurai-625 020.

3. The Senior Manager, Central Bank of India, 54, Beach Road,

4. The Superintendent of Police, O/o. SP of Police, Koraballam, 1/5

5. The Inspector of Police, District Crime Branch, Koraballam, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned demand notice issued by the 3rd respondent in BO.TUT. 2022-23 dated 26.09.2022 and the consequential possession notice issued by the 3rd respondent dated 23.03.2023 and quash the same as illegal.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.N.Dilipkumar (R1 to R3) Mr.SRA.Ramachandran (R4 & R5) Additional Government Pleader

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) Mr.M.Mahaboob Athiff, learned counsel, seeks leave to withdraw the petition with liberty to approach the Debts Recovery Tribunal for the same relief sought in this petition. Counsel, however, requests that interim protection granted on 21.04.2023 be continued for some time so that he can approach the Debts Recovery Tribunal for continuation of the same relief.

2. Shri N.Dilipkumar, learned standing counsel, leaves it to the 2/5

Court. At the same time, Mr.N.Dilipkumar submitted that petitioner himself is an accused along with the Bank Manager.

3. Without going into any of those issues, we allow the petition to be withdrawn with liberty to approach the Debts Recovery Tribunal. If the Debts Recovery Tribunal is approached within three weeks from today, delay, if any, shall be deemed to have been condoned.

4. Relief granted on 21.04.2023 is continued up to 31st May, 2025. In the meanwhile, petitioner may apply to Debts Recovery Tribunal for extending the stay. All rights and contentions are left open.

5. Petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, interim application stands closed. (K.R.SHRIRAM, C.J.) (P.B.BALAJI, J.) 09.04.2025 NCC : Yes/No Index : Yes/No Sm TO:- 3/5

1. The Superintendent of Police, O/o. SP of Police, Koraballam,

2. The Inspector of Police, District Crime Branch, Koraballam, 4/5

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

Sm ORDER IN WP(MD) No.9429 of 2023 Date: 09.04.2025 5/5