Gunaseelan.M.S.S.R v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and WMP(MD)No.14964 of 2022

1. Thiru. M.S.S.R.Gunaseelan

2. Thiru G.Sivakumaran Partner : M/s.Spice Asia, No.60, Sulochana Street, Virudhunagar-626 001.

... Petitioners vs.

1. The Authorized Officer, Karur Vysya Bank, Asset Recovery Branch, R.S.No.170/9, Mattuthavani-Melur Road, Near Mattuthavani Bus Stand, Mattuthavani,

2. Karur Vysya Bank, Rep by its Branch Manager, Virudhunagar Branch, No.47/1, Katcheri Road, Madurai Road, Virudhunagar-626 001.

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3. Debts Recovery Tribunal-Madurai, Rep by the Registrar, III & IV Floor, Kalyani Towers, 4/162, Madurai-Melur Road, (Near Meenakshi Mission Hospital), Uthangudi Post, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari calling for the records pertaining to the E-Auction Sale Notice dated 18.08.2022 issued by the 1st respondent and quash the same. For Petitioner : Mr.ARL.Sunaresan, Senior Counsel for Mr.V.Veerapandian For R1 & R2 : Mr.Pandivel, Standing Counsel

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) Challenging the E-Auction Sale Notice dated 18.08.2022 issued by the 1st respondent, this writ petition is filed. 2.

Learned Standing Counsel appearing for the respondents 1 and 2 submitted that in view of the interim stay granted by this Court 2/4

on 01.09.2022, no sale had taken place and therefore, the prayer in this writ petition has become infructuous. Further, the OTS proposal submitted by the petitioner also came to be rejected by the respondent Bank.

3.

Recording the aforesaid submission, this Writ Petition is dismissed with liberty to the petitioner to approach the appropriate forum for appropriate remedy. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K.,J.] & [R.V.,J.] 23.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes bala To The Registrar, Debts Recovery Tribunal-Madurai, III & IV Floor, Kalyani Towers, 4/162, Madurai-Melur Road, (Near Meenakshi Mission Hospital), Uthangudi Post, 3/4

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

bala ORDER MADE IN DATED : 23.01.2023 4/4