Madras High CourtWP(MD)/26302/2024withdrawn dismissed

M.Sathiyavathi v. M/S. Indian Overseas Bank

2024-10-29Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 29/10/2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ and WMP(MD) No.22305 of 2024 M.Sathiyavathi ... Petitioner Vs

1. M/s. Indian Overseas Bank, Having Branch Office At Iruthayapuram Branch, Palakarai, Trichy - 620 008, Rep by its Authorized Officer, Trichy Regional Officer, Mr.Bhanu Murthy

2. P.Philip Prakasam

3. T.Deva Anugraham ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the 1st respondent from taking physical possession of the property comprised in Door No.247 Anthoniyar Kovil Street Chinthamani, Trichy with building constructed thereon on the basis of the order passed in Cr.M.P.No.19513 of 2024 on the file of the Chief Judicial Magistrate Court Trichirappalli dated 15.10.2024 till such time the said order is going to be challenged 1/4

before the Debts Recovery tribunal Madurai by the petitioner. For Petitioner : Mr.M.Ponnaiah For Respondents : Mr.N.Dilipkumar Standing Counsel

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) After the petition was heard for sometime and considering the fact that 31.10.2024 is Diwali and until 02.11.2024, probably even the Debt Recovery Tribunal would be closed, where petitioner could approach for filing an appeal against the order passed under Section 14 of the SARFAESI Act, Mr.N.Dilip Kumar stated he will prevail upon the Advocate Commissioner to hold his hands for a week from today, only to the extent of the property mentioned in the petition as being in possession of petitioner.

2. In view of this submission made by counsel for respondent No. 1, counsel sought leave to withdraw the petition to file an appeal before the Debts Recovery Tribunal.

2/4

3. Petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, connected interim application also stands dismissed.

(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 29.10.2024 NCC : Yes/No Index : Yes/No RR 3/4

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J.

ORDER

IN WP(MD) No.26302 of 2024 Date : 29/10/2024 4/4