Anburaj v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and WMP(MD)Nos.19788 and 19790 of 2022 Anburaj ... Petitioner vs.

1. The Authorised Officer, CSB Bank Ltd., Formerly Catholic Syrian Bank, Asset Recovery Branch, 2nd Floor, Shiva Complex, No.54, Old Post Office Road, Coimbatore-641018.

2. The Branch Manager, CSB Bank Ltd., Formerly Catholic Syrian Bank, Tuticorin Branch, Tuticorin.

3. P.Susela Devi ... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent's e-auction sale notice dated 11.10.2022 and quash the same as devoid of merits with reference to Door No.2A/3, 1st Floor, Krishnarajapuram 6th Street, Tuticorin Taluk and consequently direct the 1st respondent to restore the possession of the above residence with the petitioner with immediate effect.

For Petitioner : Mr.T.Ramasamy For R1 & R2 : Mr.R.Pandivel, Standing Counsel For R3 : Mr.H.Velavadhas

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) Challenging the E-auction sale notice dated 11.10.2022, this writ petition is filed.

2.

Learned counsel for the respondent Bank submitted that the sale as scheduled was not held for want of bidders and therefore, the prayer in this writ petition has become infructuous. 2/4

3.

Recording the said submission, the Writ Petition is dismissed as infructuous with liberty to the petitioner to approach the Debts Recovery Tribunal for appropriate remedy. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K.,J.] & [R.V.,J.] 25.01.2023 Index : Yes / No Internet : Yes bala 3/4

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

bala ORDER MADE IN DATED : 25.01.2023 4/4