Raju v. The Authorized Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twenty Sixth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.S.SUNDAR AND The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY WMP(MD)No.12989 of 2023 in WP(MD)No.5662 of 2023 Raju ... Petitioner/Petitioner/Petitioner Vs The Authorized Officer, Tamilnad Mercantile Bank (TMB) Padandhalmood Branch, Kanyakumari District.
... Respondent/Respondent/Respondent Prayer in WMP(MD)No.12989 of 2023 :- Writ Miscellaneous Petition filed under Article 226 of Constitution of India, to extend the time granted by this Hon'ble Court in WMP(MD)No.5265 of 2023 in WP(MD)No.5662 of 2023 dated 16.03.2023. Prayer in WMP(MD)No.5265 of 2023 :- Writ Miscellaneous Petition filed under Article 226 of Constitution of India, to stay the further proceedings pursuant to the original impugned Sale Auction Notice dated 24.02.2023 issued by the Respondent 1/4
Bank by scheduling to conduct Sale Auction on 29.03.2023 at 11.00 am, pending disposal of the above writ petition.
Prayer in WP(MD)No.5662 of 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 entire record pertaining to the impugned Sale Auction Notice dated 24.02.2023 issued by the Respondent Bank and scheduled conduct Sale Auction on 29.03.2023 at 11.00 am, and quash the same.
ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.M.Vishnuvarthanan, Advocate for the Petitioner and of Mr.N.Dilip Kumar, Standing Court for the Respondent, this Court made the following order:- This application is filed for extension of time granted by this Court vide order, dated 16.03.2023.
2. When the matter is taken up for hearing today, it is stated by the learned counsel for the petitioner that the petitioner has already approached the Debts Recovery Tribunal, by way of Sarfaesi Application. Therefore, he seeks permission of this Court to withdraw this petition with liberty to pursue the application filed before the Debts Recovery Tribunal and he has also made an endorsement to that effect. 2/4
3. Granting such liberty, this Writ Miscellaneous Petition is dismissed as withdrawn.
Sd/- Assistant Registrar(CS-II) // True Copy // /08/2023 Sub Assistant Registrar(CS) TO The Authorized Officer Tamilnad Mercantile Bank (TMB) Padandhalmood Branch, Kanyakumari District.
+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-36032[I] dated 27/07/2023 ) +1CC to M/s. N.Dilip Kumar, Advocate, SR.No. 35944 3/4
Hon`ble Mr.Justice S.S.SUNDAR AND Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY ORDER DATED : 26/07/2023 ==========================
ORDER
========================== WMP(MD)No.12989 of 2023 and WP(MD)No.5662 of 2023 Giving direction and etc.
as stated within.
KB(10.08.2023) 4P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023 4/4