Madras High CourtWP(MD)/13875/2022closed

M/S. Spm Oil Mills v. The Branch Manager

2022-11-24Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.13875 of 2022 and W.M.P.(MD)Nos.9872 and 12947 of 2022 1.M/s.SPM Oil Mills, Represented by its Proprietor, A.S.N.Prabhu 2.A.S.N.Prabhu 3.P.Kalaiselvi 4.N.Violet ... Petitioners -Vs1.The Branch Manager, City Union Bank, Virudhunagar Branch, No.2, Katchery Road, Virudhunagar.

2.The Authorized Officer, City Union Bank, Virudhunagar Branch, Virudhunagar.

... 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 tender cum auction sale notice dated 13.06.2022 issued by the 2nd respondent under SARFAEASI Act, in respect of the sale notice mentioned properties and set aside the tender cum auction sale notice dated 13.06.2022.

For Petitioners : No Appearance For Respondents : Mr.N.Dilip Kumar Standing Counsel

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] Challenging the tender cum auction sale notice dated 13.06.2022 issued by the 2nd respondent, this Writ Petition has been filed. 2.When the matter was taken up for hearing on 13.10.2022, there was no representation on behalf of the petitioners. The learned Standing Counsel for

the respondent - Bank submitted that the petitioners have not complied with the conditional interim order of this Court dated 01.07.2022. 3.Today also, when the matter was taken up for hearing, there is no appearance on behalf of the petitioners.

4.Considering the fact that the conditional interim order of this Court dated 01.07.2022 has not been complied with, this Writ Petition stands closed, leaving it open to the petitioners to work out their remedy before the Debts Recovery Tribunal. No costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D., J.] & [J.S.N.P., J.] 24.11.2022 Index : Yes / No Internet : Yes / No Myr

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.13875 of 2022 24.11.2022