M/S. Vino Agency v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD) Nos.9577, 9578 and 9580 of 2023 M/s.Vino Agency Rep. by its Proprietary, V.Eswari ... Petitioner -vs1. The Authorized Officer, Canara Bank, Bodinayakanur Branch, Kamarajar Bazar, Opp. State Bank of India, Bodinayakanur, Theni District.

2. Mrs.N.Saraswathi ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the e-auction sale notice dated 27.07.2022 issued by the first respondent and its consequential sale certificate dated 02.09.2022 issued by the first respondent in favour of the second respondent and quash the same as illegal.

For Petitioner :

Mr.G.Vishnuram For Respondents :

Mr.P.Madam Alexandar

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

2. Learned counsel for the respondent - bank would submit that the property has been sold in November 2022 and the sale certificate has been registered and physical possession has also been handed over to the purchaser.

3. In view of the same, this writ petition is dismissed leaving it open to the petitioner to approach the Debts Recovery Tribunal. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 28.04.2023 NCC : No Index : No Internet : Yes PKN

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 28.04.2023