Arumugam.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)Nos.16080, 16081 and 16083 of 2022 R.Arumugam ... Petitioner vs.

1. The Authorized Officer, Canara Bank, Zonal Office, Madurai, Recovery Section, Melaveli Street, Madurai-625 001.

2. J.Abdul Basith ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the Impugned Proceedings issued by the 1st respondent dated 12.09.2022 in favour of the 2nd respondent and quash the same as illegal and consequently direct the 1st respondent to accept the payment made by the petitioner 1/4

towards outstanding amount in all the loans maintained in the 1st respondent bank, within a time stipulated by this Court. For Petitioner : Mr.P.M.Vishnuvarthanan For R1 : Mr.P.Mathan Alexander Standing Counsel

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) The prayer in this writ petition is for issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the Impugned Proceedings issued by the 1st respondent dated 12.09.2022 in favour of the 2nd respondent and quash the same as illegal and consequently direct the 1st respondent to accept the payment made by the petitioner towards outstanding amount in all the loans maintained in the 1st respondent bank, within a time stipulated by this Court.

2.

Learned Standing Counsel appearing for the respondent Bank submitted that though the 2nd respondent/successful bidder paid 2/4

a sum of Rs.3,50,000/- on 30.08.2022, since he has not paid the balance amount subsequently, the sale was cancelled and therefore, the prayer in this writ petition has become infructuous. 3.

Recording the aforesaid submission, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K.,J.] & [R.V.,J.] 23.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes bala 3/4

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

bala ORDER MADE IN DATED : 23.01.2023 4/4