Lakshmi Pavithra v. The Authorized 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.20187, 20188 and 21071 of 2022 Lakshmi Pavithra Proprietor, M/s.Krishne Cotton Company, No.643/2, Kulathupalayam, RMC Ginning Factory Compound, Palladam Road, Tirupur.

... Petitioner vs.

1. The Authorised Officer, The Karur Vysya Bank Ltd., Asset Recovery Branch, R.S.No.170/9, Uthankudi Village, Near Mattuthavani Bus Stand, Madurai-5625 107.

2. The Branch Manager, The Karur Vysya Bank Ltd., Aundipatti Branch, Theni District.

... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records relating to the impugned E-Auction Notice dated 19.10.2022 issued by the 1st respondent with regard to the property No.2 is concerned and quash the same.

For Petitioner : Mr.C.Muthu Saravanan For R1 & R2 : Mr.Pala Ramasamy

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) Challenging the E-Auction Notice dated 19.10.2022 issued by the 1st respondent with regard to Property No.2 is concerned, the petitioner has filed this writ petition.

2.

At the time of admission, this Court has not granted any interim order.

3.

Learned counsel for the respondents submitted that in respect of Property No.1, bidders participated and one J.Ram Mohan 2/4

purchased the said property. A sale certificate dated 23.11.2022 was also issued to him. He further submitted that insofar as Property No.2 the sale as per the impugned sale notice was not held for want of bidders and therefore, the prayer in this writ petition has become infructuous.

4.

Recording the said submission, the Writ Petition is dismissed leaving it open 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