K.A.Sivakumar, v. The Chief Manager/Authorized

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2019

CORAM:

THE HON'BLE Mr. JUSTICE K.KALYANASUNDARAM AND THE HON'BLE Mrs. JUSTICE R.THARANI W.P.(MD)No.14301 of 2017 and W.M.P.(MD)No.11199 of 2017 K.A.Sivakumar ... Petitioner Vs.

1.The Chief Manager / Authorized Officer, Indian Bank, Sivakasi Branch, Sivakasi.

2.The Branch Manager, Indian Bank, Sivakasi Branch, Sivakasi.

... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned notice of sale under private treaty issued by the first respondent dated 17.07.2017 and quash the same. For Petitioner : Mr.Isaac Mohanlal, S.C. for Mr.D.Sadiq Raja For Respondents : Mr.C.Jawhar Raivindran

ORDER

(Order of the Court was made by K.KALYANASUNDARAM,J.) Heard Mr.Isaac Mohanlal, learned Senior Counsel appearing for the petitioner and Mr.C.Jawhar Ravindran, learned standing counsel appearing for the respondents / Bank.

2.This Writ petition has been filed challenging the impugned notice dated 17.07.2017 issued on the private treaty by the first respondent.

https://hcservices.ecourts.gov.in/hcservices/ 3.It is submitted by the learned Senior Counsel appearing for the petitioner and the learned standing counsel appearing for the

respondents / Bank that pending Writ petition, the petitioner had paid Rs.49 lakhs towards one time settlement (OTS) in respect of the loan amount of the petitioner and the loan account is closed. 4.The learned Senior Counsel appearing for the petitioner would state that despite closure of the entire loan account, the original documents, in respect of the property at Sivakasi, have not been released by the respondents / Bank.

5.The learned standing counsel appearing for the respondents / Bank on instructions would state that the respondents / Bank is ready to release the original documents in respect the property at Sivakasi forthwith.

6.Recording the submission made by the learned standing counsel appearing for the respondents / Bank, this Writ petition is closed as no further adjudication is required in this case. No costs. Consequently, connected W.M.P.is closed. Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar To +2 CC to M/s.D.SADIQ RAJA, Advocate ( SR-54782[F] dated 18/03/2019 ) +1 CC to M/s.C.JAWAHAR RAVINDRAN, Advocate ( SR-54843[F] dated 19/03/2019 ) W.P.(MD)No.14301 of 2017 18.03.2019 SP-05.04.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/