G. Gunasekaran v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 24.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and MP(MD)No.1 and 2 of 2015 G.Gunasekaran ... Petitioner Vs The Branch Manager, State Bank of India, Mimisal Branch, Avudaiyarkovil, Pudukottai District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for the records on the file of the respondent in connection with the impugned demand notice dated 05.03.2015 and the consequential auction notice published in Tamil News daily , ie., 'Daily Thanthi' dated 15.03.2015 and quash the both as illegal and arbitrary in so far the petitioner is concerned.

For Petitioner : No representation For Respondent : No representation 1/4

ORDER

The final demand notice dated 05.03.2015 issued by the respondent Bank is challenged in this writ petition. 2.The petitioner appears to have availed loan from the respondent Bank by pledging his jewels in the year 2014. On 22.02.2015 the respondents issued notice to the petitioner directing him to settle the jewel loan within a stipulated time, otherwise, the jewels would be brought under auction. Thereafter the bank issued the impugned notice on 05.03.2015.

3.This writ petition was admitted on 26.03.2015. Notice was ordered to the respondents. An order of interim stay was also granted by this Court on condition that the petitioner pays 50% of the demand amount. Thereafter this writ petition was taken up for hearing on 16.03.2023. The learned Counsel for the respondent has filed a memo stating that he has resigned from the Advocates Panel of the respondent bank on 08.03.2023 and requested to adjourn this case to another day enabling the respondent bank to engage 2/4

new counsel and therefore, the case was adjourned. When the case was taken up for hearing on 06.04.2023 there was no representation. Even today there is no representation on either side. In the absence of any representation on either side, this Court is not inclined to proceed with the case. Therefore, this writ petition is closed. No costs. Consequently connected miscellaneous petitions are closed.

24.04.2023 Internet : Yes / No dsk 3/4

B.PUGALENDHI, J.

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