Gopalakrishnan v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.20638 of 2022 and W.M.P.(MD)Nos.14966 to 14968 of 2022 S.Gopalakrishnan ... Petitioner -Vs1.The Authorized Officer, City Union Bank Ltd., 24B, Gandhi Nagar, Kumbakonam-612 001.

2.The Branch Manager, City Union Bank Ltd., Ilayankudi Branch, Ilayankudi, Sivagangai District.

3.Seethalakshmi ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the file of the 1st respondent starting from the Demand Notice dated 04.09.2021 ending with Sale Notice dated 20.06.2022, quash the same in consequence thereof issue Writ of Mandamus, to set aside the sale confirmation dated 15.07.2022. For Petitioner : Mr.S.Rengasamy For R1 & R2 : Mr.N.Dilip Kumar, Standing Counsel For R3 : No Appearance

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for the respondent Bank submitted that the co-borrowers passed away. Therefore, the respondent Bank is inclined to initiate SARFAESI proceedings afresh to recover the amount from the surviving legal heirs of the co-borrowers and the guarantors.

2.In view of the aforesaid submission, nothing survives for further adjudication in this matter. Therefore, this Writ Petition stands dismissed with liberty to the respondent Bank to initiate SARFAESI proceedings afresh in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] & [L.V.G., J.] 21.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

D.KRISHNAKUMAR, J.

AND L.VICTORIA GOWRI , J.

MYR W.P.(MD)No.20638 of 2022 21.02.2023