Madras High CourtWP(MD)/17678/2020dismissed as infructuous

C.Balasubramanian v. The Presiding Officer

2023-02-07Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.17678 of 2020 and W.M.P.(MD)Nos.14757, 14758 of 2020 & 893 of 2021 C.Balasubramaniam ... Petitioner -Vs1.The Presiding Officer, Debt Recovery Tribunal, Madurai.

2.The Authorized Officer, Bank of Baroda, No.115, Eswari Towers, 1st Floor, Near Archana Darsana Theatre, Devaganga High School Road, R.S.Puram, Coimbatore-641 002.

3.The Branch Manager, Bank of Baroda, (Previously Dena Bank), No.115, Eswari Towers, 1st Floor, Near Archana Darsana Theatre, Devaganga High School Road, R.S.Puram, Coimbatore-641 002.

4.The Chief Manager, Union Bank of India, (previously Corporation Bank), Asset Recovery Branch, Coimbatore.

5.Dharmaraj M ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the auction held on 18.03.2020 pursuant to the issuance of the joint E-auction notice dated 27.02.2020 in BOB: DBCOIM:NPA: 2019-20, issued by the 2nd respondent as null and void. For Petitioner : Mr.C.Mahadevan For R1 : Mr.K.Ashok Kumar Ram For R2 & R3 : Mr.K.Muraleedharan For R4 : Mr.N.Dilip Kumar, Standing Counsel

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner has settled the entire outstanding amount under One Time Settlement, however, till date, the respondent Bank has not returned the original title deeds to the petitioner. 2.In view of the aforesaid submission, there is no further adjudication required in this Writ Petition. Therefore, this Writ Petition stands dismissed as infructuous with liberty to the parties concerned to workout their remedy before the appropriate forum. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] & [R.V., J.] 07.02.2023 (1⁄2) NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR W.P.(MD)No.17678 of 2020 07.02.2023 (1⁄2)