M/S Kodai Automobiles Limited v. The Authorized Offier

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.18708 of 2022 1.M/s.Kodai Automobiles Limited, Rep. by its Director, No.176-B/3, Trivandrum Road, Palayamkottai, Tirunelveli - 627 002.

2.S.G.Jayaraj Nadar and Son, No.176B, Trivandrum Road, Palayamkottai, Tirunelveli - 627 002.

... Petitioners Vs.

1.The Authorized officer, Southern Recovery Cell, 1st Floor, Old No.3, New No.3, Club House Road, Anna Salai, Chennai - 600 002.

2.The Branch Manager, SN High Road, Opp. Schaffter High School, Tirunelveli - 627 001.

3.The Deputy Commissioner of CGST and Central Excise, Tirunelveli Division, Central Revenue Building, 2nd Floor, Tractor Street, NGO 'A' Colony, Tirunelveli - 627 007.

4.The Commissioner of GST and Central Excise, Bibikulam, Madurai.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to release the property documents pertaining to property located at S.Nos. 930/2, 176B/5A, Trivandrum Road, Palayamkottai, Tirunelveli to the 1st petitioner without insisting for production of revocation letter from the office of the 3rd respondent as indicated in the OTS Settlement in the proceedings of the 1st respondent in ref. AXISB/SAG/SOUTH/2022-23/55 dated 28.09.2022 or in the alternative, directing the 1st respondent to extent the time to comply with the 2nd installment payable to the 1st respondent bank as per the payment schedule in OTS Settlement.

For Petitioner :

Mr.B.Saravanan For Respondents :

No Appearance

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The learned counsel appearing for the petitioner submitted that subsequent to the filing of this Writ Petition, the petitioner has approached the bank for One Time Settlement and the said offer has been accepted by the respondents Bank and therefore, this Writ Petition has become infructuous.

2. Recording the aforesaid submissions, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 19.12.2022 Index : Yes / No Internet : Yes / No vsm

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm To 1.The Authorized officer, Southern Recovery Cell, 1st Floor, Old No.3, New No.3, Club House Road, Anna Salai, Chennai - 600 002.

2.The Branch Manager, SN High Road, Opp. Schaffter High School, Tirunelveli - 627 001.

3.The Deputy Commissioner of CGST and Central Excise, Tirunelveli Division, Central Revenue Building, 2nd Floor, Tractor Street, NGO 'A' Colony, Tirunelveli - 627 007.

4.The Commissioner of GST and Central Excise, Bibikulam, Madurai.

19.12.2022