Madras High CourtWP(MD)/16055/2020dismissed as infructuous

C.V.Tex v. The Authorized Officer/

2020-11-18Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi2 pages

W.P.(MD)No.16055 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.16055 of 2020 and W.M.P.(MD)No.13450 of 2020 M/s.C.V.Tex, Rep. by its Proprietor, M.C.Madasamy ... Petitioner Vs.

The Authorized Officer / The Chief Manager, Indian Bank, Rajapalayam Branch, Virudhunagar District.

... Respondent Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondent from proceeding with the sale process with regard to e-auction proposed to be held on 11.11.2020 on the secured assets in pursuance of the Notice of Intended Sale dated 07.10.2020 and subsequently grant some more time for the petitioner for making some initial payment and also the remaining entire debts within a time stipulated by this Court forthwith.

For Petitioner : No appearance For Respondent : No appearance

ORDER

(Order of the Court was made by N.KIRUBAKARAN,J) This Writ Petition has been filed by the petitioner for issuance of Writ of Mandamus, to forbear the respondent from proceeding with the sale process with regard to e-auction proposed to be held on 11.11.2020, on the secured assets in pursuance of the Notice of Intended Sale, dated 07.10.2020 and subsequently grant some more time for the petitioner for making some initial payment and also the remaining entire debts within a time stipulated by this Court.

2. At the time of hearing, there is no representation on behalf of the petitioner as well as the respondent. However, the prayer in the writ petition is to forbear the respondent from proceeding with the sale process with regard to e-auction proposed to be held on 11.11.2020.

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W.P.(MD)No.16055 of 2020

3. Since the proposed date is already over, nothing survives for further adjudication in this Writ Petition. Hence, this Writ Petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) SSL 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 Authorized Officer / The Chief Manager, Indian Bank, Rajapalayam Branch, Virudhunagar District.

W.P.(MD)No.16055 of 2020 and W.M.P.(MD)No.13450 of 2020 18.11.2020 SGS(CO) KB(30.11.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2