Madras High CourtWP(MD)/23045/2017dismissed as infructuous

The Authorized Officer v. The District Magistrate Cum

2020-10-14Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.23045 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.P.SAHI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.[MD]No.23045 of 2017 The Authorized Officer, State Bank of India, Stressed Asset Management Branch, No.1112, Raja Plaza, Avinashi Road, Coimbatore-641 037.

: Petitioner Vs.

1.The District Magistrate-cum-District Collector, District Collectorate, Theni.

2.The Special Tahsildar(Stamps), Theni, Theni District.

3.M/s.Nisha Kishan Spinning Mills Pvt. Ltd., Rep. By its Managing Director, Mr.SKAP Balakrishnan, Ponnagar, Prathikaranpatti, Andipatti-625 512, Theni District.

4.M/s.SKAP Vajravel, Rep by its Managing Partner, No.728, Periyakulam Road, Theni-625 531, Theni District.

5.M/s.SK Ayyakalai Nadar & Sons, Rep. By its Managing Partner, NO.728, Periyakulam Road, Theni.625 531, Theni District.

:Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first and second respondents to take appropriate action under SARFAESI Act with regard to application No.8282 of 2015 pending on the file of the first respondent to take physical possession of the item Nos.1, 2, 3 and 11 of the sale notice dated 22.04.2016 and more particularly in terms of representation dated 12.07.2017 made to the second respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.23045 of 2017 For Petitioner : Mr.S.Sethuraman For R1 and R2 : Mr.P.Mahendran Additional Government Pleader

O R D E R

(Order of the Court was made by THE HONOURABLE CHIEF JUSTICE) This writ petition was filed in the year 2017. It is informed by learned Counsel for the State Bank of India that the accounts have been settled in 2018. It is also not disputed by the learned Counsel for respondents 1 and 2.

2. In the wake of the aforesaid fact, it is urged that the matter has become infructuous. Accordingly, the Writ Petition is consigned to records. There shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 District Magistrate-cum-District Collector, District Collectorate, Theni.

2.The Special Tahsildar(Stamps), Theni, Theni District.

+1 CC to M/s.Special Govt.Pleader ( SR-20483[F] dated 16/10/2020 ) ORDER MADE IN W.P.[MD]No.23045 of 2017 Dated: 14.10.2020 pm/ta SDS (28.10.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2