Prv Provision Store v. The Debts Recovery Tribunal Ii

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty First day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY IN WP(MD) No.8568 of 2023 PRV PROVISION STORE PROP BY C.VIJAYAN, NO.7, HEAD POST OFFICE ROAD, KUMBAKONAM, THANJAVUR DISTRICT.

... Petitioner / Petitioner Vs 1 THE DEBTS RECOVERY TRIBUNAL II, 6TH FLOOR, ADDITIONAL OFFICE BUILDING, SHASTRI BHAVAN, HADDOWS ROAD, CHENNAI-600006.

2 THE REGIONAL MANAGER REGIONAL OFFICE, CANARA BANK, NO. 42/I-A, BISHOP SUNDARAM COMPLEX, VOC NAGAR, THANJAVUR- 613 007.

3 THE AUTHORIZED OFFICER KUMBAKONAM MAIN BRANCH OFFICE, CANARA BANK, KUMBAKONAM, THANJAVUR DISTRICT.

... Respondents / Respondents 1/4

Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant further time to comply the order of this Honourable Court dated 18.04.2023 passed in WP(MD).No. 8568 of 2023.

Prayer in WP(MD). 8568/ 2023 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned Sale Notice of the 3rd Respondent dated 16.03.2023, issued under Section 13(4) of the SARFAESI Act, 2002 for the subject property and quash the same. ORDER : This writ miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.KR.BHARATHI KANNAN, Advocate for the petitioner and of Mr.R.PANDIVEL, Advocate on behalf of the Respondents No.2 and 3, the court made the following order:- (Order of the Court was made by S.S.SUNDAR.,J) This Petition is filed praying this Court to grant further time to comply with the order of this Court made in W.P(MD)No.8568 of 2023, dated 18.04.2023. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The learned counsel for the Petitioner states that the entire loan amount is 2/4

discharged. The learned counsel appearing for the respondents 2 and 3/Bank also states that the entire mortgage loan is discharged. 4.Recording the statement of the learned counsel appearing on either side, this Miscellaneous Petition is closed.

sd/- 21/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSN To 1 THE DEBTS RECOVERY TRIBUNAL II, 6TH FLOOR, ADDITIONAL OFFICE BUILDING, SHASTRI BHAVAN, HADDOWS ROAD, CHENNAI-600006.

2 THE REGIONAL MANAGER REGIONAL OFFICE, CANARA BANK, NO. 42/I-A, BISHOP SUNDARAM COMPLEX, VOC NAGAR, THANJAVUR- 613 007.

3 THE AUTHORIZED OFFICER KUMBAKONAM MAIN BRANCH OFFICE, CANARA BANK, KUMBAKONAM, THANJAVUR DISTRICT.

3/4

ORDER

IN IN WP(MD) No.8568 of 2023 Date :21/08/2023 ED/BUC/SAR- (24/08/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4