Ganesh Rani v. The Authorized Officer / Chief Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.21081 of 2022 and W.M.P(MD) No.15310 of 2022 Ganesh Rani ... Petitioner -vs1.The Authorised Officer/Chief Manager, Canara Bank, Bodinayakanur, Theni District.

2.The Branch Manager, Canara Bank, Kombai Branch, Uthamapalayam Taluk, Theni District - 625 522.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned Sale Notice dated 03.08.2022 under Section 13(4) of the SARFAESI Act issued by the first respondent and quash the same as illegal.

For Petitioner :

Mr.A.Arputharaj

For Respondents :

Mr.N.Dilip Kumar Standing Counsel

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) Challenging the sale notice dated 03.08.2022, issued by the respondents - Bank, under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, the instant writ petition has been filed by the writ petitioner.

2. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that since the sale has not been taken place, this Writ Petition may be closed granting liberty to the petitioner to work out his remedy before the respondent - Bank.

3. Granting such liberty, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] 17.11.2022 Index : Yes / No Internet : Yes / No pkn

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.21081 of 2022 17.11.2022