T.Neelavathi v. The Chief Financial Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)Nos.14477 & 14480 of 2024 T.Neelavathi ... Petitioner vs.

1.The Chief Financial Officer, Reserve Bank of India, Central Office Building, 17th Floor, Sahit Bhagat Singh Road, Mumbai - 400 001.

2.The District Collector, Dindigul District, Dindigul.

3.The Branch Manager, State Bank of India, Oddanchathiram Branch, Dindigul District.

4.The Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, No.8, Dr.Ambedkar Road, Vinayaga Nagar Branch, 1st Floor, Madurai - 625 020.

... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned e-auction notice issued by the fourth respondent dated 24.06.2024 scheduling the residential house of the petitioner for e-auction on 02.08.2024 and set aside the same as illegal and arbitrary. For Petitioner : Mr.R.Sevugaraja For Respondents : Mr.S.Shaji Bino Special Government Pleader for R.2 : Mr.P.Pethu Rajesh Standing Counsel for R.3 & R.4

ORDER

(Order of this Court was made by G.ARUL MURUGAN, J.) Learned counsel appearing for the petitioner seeks to withdraw the Writ Petition with liberty to file an appeal under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal, since the petitioner is the wife of the borrower. He has made an endorsement to that effect in the court bundle.

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2.With this liberty, the Writ Petition is dismissed as withdrawn. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[R.S.K.,J.] [G.A.M.,J.] 24.07.2024 NCC : Yes / No Index : Yes / No ps Note:- Issue Order Copy on 24.07.2024.

To 1.The Chief Financial Officer, Reserve Bank of India, Central Office Building, 17th Floor, Sahit Bhagat Singh Road, Mumbai - 400 001.

2.The District Collector, Dindigul District, Dindigul.

3.The Branch Manager, State Bank of India, Oddanchathiram Branch, Dindigul District.

4.The Authorized Officer, State Bank of India, Stressed Assets Recovery Branch, No.8, Dr.Ambedkar Road, Vinayaga Nagar Branch, 1st Floor, Madurai - 625 020.

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R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 24.07.2024 4/4