Madras High CourtWP(MD)/15298/2020dismissed as infructuous

M/S.Selva Steel Foundry v. The Branch Manager

2020-12-10Honourable Mr Justice Abdul Quddhose2 pages

W.P(MD).No.15298 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2020

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P(MD).No.15298 of 2020 and W.M.P.(MD) No.12861 of 2020 (Through Video Conference) M/s. Selva Steel Foundry, Rep by its Partner S.Selvanarayanan .. Petitioner Vs.

The Branch Manager, Tamil Nadu Industrial Investment Corporation Limited, No.9, Thiruvalluvar Salai, Near Bus Stand, Dindigul 624 003 .. Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the respondent in DGL/BO/LAO/RPS/2020-2021 dated 21.10.2020 and quash the same and consequently direct the respondent to regularise the loan account of the petitioner.

For Petitioner : Mr.V.S.Kishok Kumar For Respondent : Mr.G.Murugan, standing counsel

O R D E R

This writ petition was filed challenging the order dated 21.10.2020 passed by the respondent, wherein the respondent has intimated the petitioner that, due to non-payment of outstanding dues for the financial facilities availed by the petitioner, they will be taking possession of the petitioner's unit on 03.11.2020 as per the provisions of Section 29 of the State Financial Corporation Act, 1951.

2. Learned counsel for the petitioner submitted before this Court that constructive possession was taken by the respondent Corporation of the petitioner's unit today morning.

3. In view of the said submission and in view of the nonpayment of the outstanding dues to the respondent, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is dismissed as infructuous. However, there shall be no https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.15298 of 2020 order as to costs. Consequently, connected W.M.P.(MD) No.12861 of 2020 is closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Branch Manager, Tamil Nadu Industrial Investment Corporation Limited,No.9, Thiruvalluvar Salai, Near Bus Stand, Dindigul 624 003 • 1CC TO MR.R.SARAVANAN, ADVOCATE, SR NO.25022 • +1CC TO MR.V.S.KISHORE KUMAR, ADVOCATE, SR NO.25191 W.P(MD).No.15298 of 2020 Dated:

10.12.2020 KK(07.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2