Madras High CourtWP(MD)/19641/2017withdrawn dismissed

P.M.Shajahan, v. The Presiding Officer,

2017-10-25Honourable Mr Justice Abdul Quddhose,Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.19641 of 2017 P.M.Shajahan : Petitioner -Vs1. The Presiding Officer, Debts Recovery Tribunal, Kalayani Towers, Madurai.

2. The Authorized Officer, REPCO HOME FINANCE LIMITED, Trichy Branch, No.24, Ram Arcade, B-14, 3rd Floor, 11th Cross Main Road, Thillai Nagar, Trichy-18.

3. The Branch Manager, REPCO HOME FINANCE LIMITED, No.24, Ram Arcade, B-14, 3rd Floor, 11th Cross Main Road, Thillai Nagar, Trichy-18.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the First Respondent, Learned Debts Recovery Tribunal in I.A.No.1772 of 2017 in S.A.No.357 of 2017, dated 19.09.2017 and quash the same as illegal and further, direct the second and third Respondents not to proceed with the Tender -cum- Sale Notice dated 27.09.2016 pertaining to Construction Commercial Loan Account only in Number 118181403525.

For Petitioner : Mr.J.K.Jeyaselan ********** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] The Learned Counsel for the Petitioner has made an endorsement in the Writ Petition papers to the following effect: 'that the Petitioner may be permitted to withdraw the present Writ Petition granting liberty to file a modification application for appropriate remedy before the Tribunal, Madurai'.

2. Recording the aforesaid fact and the endorsement so made, the present Writ Petition is dismissed as withdrawn. No costs. However, this Court grants liberty to the Petitioner to move the Debts Recovery Tribunal for filing appropriate application seeking modification thereto, if he is so desired/advised. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The Presiding Officer, Debts Recovery Tribunal, Kalayani Towers, Madurai.

+ 1 cc TO Mr.V.Sujatha Siddharthan , Advocate in SR No. 83585 SML AE/KP/SAR4/02.11.2017/2P/3C Order made in W.P.(MD)No.19641 of 2017 Dated: 25.10.2017 https://hcservices.ecourts.gov.in/hcservices/