Madras High CourtWP(MD)/22259/2022closed

Thavamani v. The Authorized Offficer

2022-10-10Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.22259 of 2022 and W.M.P.(MD)No.16437 of 2022 Thavamani ... Petitioner -VsThe Authorized Officer, Canara Bank, Ramanathapuram Branch, Ramanathapuram Taluk & District.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the alleged impugned E-Auction Sale Notice issued in 2808/SN/Thavamani, dated 25.08.2022 by the respondent under Rule 8(6) and 9 of the Security Interest (Enforcement) Rules, 2002 and quash the same as illegal and consequently, direct the respondent to restructure the loan based on the petitioner's representations dated 21.02.2022 and 10.05.2022.

For Petitioner : Mr.R.Murugan For Respondent : Mr.N.Dilip Kumar, Standing Counsel

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] Challenging the E-Auction Sale Notice dated 25.08.2022, issued under Section 13(4) of SARFAESI Act r/w Proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, by the respondent - Bank, the petitioner has come forward with this Writ Petition.

2.Heard Mr.R.Murugan, learned counsel for the petitioner and Mr.N.Dilip Kumar, learned Standing Counsel for the respondent. 3.Today, when the matter was taken up for hearing, the learned Standing Counsel for the respondent submitted that the sale could not be completed for want of bidders and the petitioner has also approached the respondent Bank for rescheduling the loan account.

4.Recording the above said submission, this Writ Petition stands closed, leaving it open to the petitioner to workout the remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] & [J.S.N.P., J.] 10.10.2022 Index : Yes / No Internet : Yes / No Myr To The Authorized Officer, Canara Bank, Ramanathapuram Branch, Ramanathapuram Taluk & District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.22259 of 2022 10.10.2022