Madras High CourtWP(MD)/19831/2020closed

The Management v. N.Subbaiah

2021-02-11Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD)No.19831 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.19831 of 2020 and W.M.P(MD) Nos.16538 of 2020 and 313 of 2021 The Management, A.2982 Pallapatti Primary Agricultural Co-operative Credit Society Ltd., Represented by its President, Pallapatti, Kottampatti via, Melur Taluk, Madurai District.

... Petitioner Vs N.Subbaiah ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records in C.P.No.69 of 2014 dated 20.07.2015 on the file of the Hon'ble Labour Court, Madurai and quash the same as illegal. For Petitioner : Mr.S.Kumar For Respondent : Mr.M.Ganesan *****

O R D E R

The petitioner is aggrieved against the proceedings in C.P.No. 69 of 2014, dated 20.07.2015, on the file of the Hon'ble Labour Court, Madurai. Pending the impugned computation proceedings, Execution Petition No.13 of 2017 came to be stayed by this Court on 30.12.2020. The respondent herein has filed a counter affidavit dated 05.01.2021, in which, it is stated that the property attached in Execution Petition No. 13 of 2017 has been sold in the Court auction for a sum of Rs.13,05,000/- by the Labour Court, Madurai, on 28.12.2020 itself and 1/4th of the sale amount, less bondage, has also been remitted in the Labour Court on the same day. The petitioner is predominantly aggrieved against the Execution Proceedings. Hence, he has filed the present writ petition.

2. In view of the fact that the Court auction has already been held by the Labour Court, Madurai, even prior to grant of interim order, the prayer in the stay petition as well as the writ petition https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19831 of 2020 has become infructuous. Hence, no effective order can be passed in the present writ petition.

3.Accordingly, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned. +1 CC to Mr.M.GANESAN, Advocate ( SR-4696[F] dated 12/02/2021 ) Order made in W.P.(MD)No.19831 of 2020 11.02.2021 VB (11.03.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2