Rajasekaran.C v. M/S. The Karur Vysya Bank Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Twenty Fourth 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.14013 of 2023 in WP(MD)No.13815 of 2023 C.Rajasekaran ... Petitioner/Petitioner Vs 1.M/s.The Karur Vysya Bank Limited, Rep. by its the Authorized Officer, Mr.P.S.Sundaravathanan, Asset Recovery Branch, R.S.No.170/9, Uthankudi Village Near Mattuthavani Bus Stand, Madurai.

2.The Branch Manager, M/s.Karur Vysya Bank Ltd., No.1/117, Near Mariamman Koil, Venkatesapuram Branch, Thuraiyur Taluk, Trichy District.

3.N.Rajakumar ... Respondent/Respondent 1/4

Prayer in WMP(MD)No.14013 of 2023 :- Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to extend the time for paying 1st installment as directed by this Honble Court vide order dated 13.06.2023 in WP(MD)No.13815 of 2023 and pass such further or other orders as this Honble Court. Prayer in WP(MD)No.13815 of 2023 :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to calling for the records in pursuant to the Impugned order dated 29.05.2023 made in Cr.M.P.No. 36179 of 2022 on the file of Chief Judicial Magistrate, Trichy, filed by the respondent bank under Section 14 of SARFAESI ACT and quash the same as illegal and pass such further or other orders.

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.G.Vishnuram, Advocate for the Petitioner and of Mr.V.Sugumar, Advocate for the 1st & 2nd Respondents, this Court made the following order:- 2/4

[Order of the Court was made by S.S.SUNDAR, J.] This application is filed for extension of time granted by this Court vide order dated 13.06.2023 in W.P.(MD) No.13815 of 2023.

2. Learned counsel for the petitioner now seeks permission of this Court to withdraw this application with liberty to the petitioner to approach the respondent - Bank for appropriate remedy and he has also made an endorsement to that effect.

3. In view of the endorsement so made, this miscellaneous petition is dismissed as withdrawn with liberty as prayed for. Sd/- Assistant Registrar(CS II) // True Copy // /08/2023 Sub Assistant Registrar(CS) KRK 3/4

TO The Chief Judicial Magistrate, Trichy.

+ 1 CC to M/s.V.Sukumar, Advocate, SR.No.35831 ORDER DATED : 24/07/2023 ==========================

ORDER

========================== WMP(MD)No.14013 of 2023 in WP(MD)No.13815 of 2023 Giving direction and etc.

as stated within.

MK/16.08.2023 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4