Madras High CourtWP(MD)/21931/2021dismissed as infructuous

M/S.Milan Textiles Enterprise Pvt. Ltd v. The City Union Bank Ltd.,

2022-04-11Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No. 21931 of 2021 and WMP(MD) Nos.18498 & 18502 of 2021 M/s.Milan Textiles Enterprise Pvt. Ltd., Rep. by its Managing Director, Lalji G.Vora.

No.12-13-14, Amman Sannathi, Madurai, Madurai District - 625 001.

... Petitioner Vs 1.The City Union Bank Limited, Through its Branch Manager, Office at 24-B, Gandhi Nagar, Kumbakonam - 612001.

Branch's Office, S.S.Colony Branch, Madurai Door No.1, Kannadhasan Main Street, S.S.Colony, Madurai, Madurai District - 625016.

2. M/s.Milan Shoppe, Rep. by its Partner, D/No.196, Bye pass road, Madurai District - 625010.

3. Roopam rep by its partner,

4. Amar L.Vora

5. Amit P.Dehdhia

6. Anusha Rethod

7. Rajen B.Chheda

8. Ramesh C.Ganger

9. Narendra L.Gada 10.L.Sarala Vora 11.C.R.Shah 12.Shobana Rathod 13.Kavitha R.Chheda 14.Mira Vora 15.Shyam Rathod 16.M.Mart A unit of M/s.Milan Textiles Enterprise Pvt. Ltd., Milan Em Mall, 100 Feet Road, K.K.Nagar, Madurai - 625020.

1/3

17.The Deputy Commissioner of Income Tax, (Benami Prohibition) / The Initiating Officer, O/o. The Deputy Commissioner of Income Tax (Benami Prohibition), Room No.104, I Floor, Income Tax Investigation Wing Building, 46, M.g.Road, Nungambakkam, Chennai - 600 034.

18. Mrs.N.Sasikala.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order in C.R.M.P.No.299 of 2021 dated 22.10.2021 on the file of the Chief Judicial Magistrate, Madurai and quash the same as illegal and consequently directing the respondent No.1 to permit the petitioner to sell the property of petitioner's company situated in Town Survey Nos.80,81,82,83,84 & 85 of Managiri Bit-I Village, K.K.Nagar, Madurai North Taluk, located at 100 feet road measuring to an extent of 24,596.25 Sq.ft. or 56.47 cents and building constructed thereon through private negotiation to settle the loan outstanding amount due to the first respondent within the time frame stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.Pala Ramasamy Standing Counsel for R1 Mrs.M.Sheela, Senior Panel Counsel for Income Tax Department for R17

ORDER

[Made by R.VIJAYAKUMAR, J.] Learned counsel for the petitioner submits that he is not pressing the Writ Petition and he also made an endorsement to that effect. Recording the same, the Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar (Cs-III) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

sj/31 To

1. The Chief Judicial Magistrate, Madurai.

2.The Deputy Commissioner of Income Tax, (Benami Prohibition) / The Initiating Officer, O/o. The Deputy Commissioner of Income Tax (Benami Prohibition), Room No.104, I Floor, Income Tax Investigation Wing Building, 46, M.g.Road, Nungambakkam, Chennai - 600 034.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-18029[F] dated 12/04/2022 ) 11.04.2022 NSN(CO) KB(20.04.2022) 3P 4C 3/3