M/S. Pagampiriyal Traders, v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)NO.22282 OF 2021 and W.M.P(MD)Nos.18827 and 18834 of 2021 1.M/s.Pagampiriyal Traders, represented by its Proprietor, Mr.R.Asokan.

2.Vijaya :Petitioners .vs.

1.The Authorized Officer, Kalyarkovil Branch,, Kalayarkovil - 630 551, 2.The Branch Manager, Kalayarkovil Branch, Kalayarkovil 630 551, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents from not taking any further steps under the sale notice3 dated 6.11.2021 pending disposal of S.A.No.566 of 2021, on the file of the Debts Recovery Tribunal, Madurai. For Petitioners :Mr.K.Baalasundharam For Respondents :Mr.N.Dilipkumar Standing Counsel 1/3

O R D E R

********* (Order of the Court was made by PUSHPA SATHYNARAYANA,J) The above Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondents from not taking any further steps under the sale notice, dated 6.11.2021 pending disposal of S.A.No.566 of 2021, on the file of the Debts Recovery Tribunal, Madurai.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.When the matter is taken up for hearing today, the learned counsel appearing for the respondents/Bank would submit that the sale was fixed today between 11.00 a.m and 5.00 p.m.There was no bidder, as the EMD amount should have been deposited before the date of sale. As the sale itself is abandoned, the prayer sought for in the Writ Petition has become infructuous.

4.Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are dismissed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Authorized Officer, Kalyarkovil Branch,, Kalayarkovil - 630 551, 2/3

2.The Branch Manager, Kalayarkovil Branch, Kalayarkovil 630 551, +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-39348[F] dated 17/12/2021 ) W.P(MD)NO.22282 OF 2021 and W.M.P(MD)Nos.18827 and 18834 of 2021 16.12.2021 RD(29.12.2021) 3P 4C 3/3