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Madras High CourtWP(MD)/27975/2023disposed of

Dinesh Kanna.K v. The Authorized Officer

2023-11-27Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) Nos.24083 and 24084 of 2023 K.Dinesh Kanna ... Petitioner Vs.

The Authorized Officer, State Bank of India, RACPC Branch, Trichy.

...Respondent

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the e-auction sale notice dated 18.10.2023 issued by the respondent and quash the same as arbitrary and illegal and in consequence thereof direct the respondents to accept the loan amount due to the bank in installments from the petitioner. For Petitioner : No appearance For Respondent : Mr.N.Dilipkumar Standing Counsel 1/3

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The present Writ Petition has been instituted challenging the e-auction sale notice dated 18.10.2023, issued by the respondent and for a consequential direction to the respondent to accept the loan amount due to the bank in installments from the petitioner.

2. Learned counsel for the respondent made a submission that though the auction took place, there was no bidder and accordingly no auction was held and the bank has proposed to go for a fresh auction.

3. In respect of the consequential prayer, the petitioner is at liberty to approach the bank by way of negotiations.

4. Recording the submissions of learned Standing Counsel for the respondent and granting liberty as stated above, this Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. (S.M.S., J.) & (V.L.N., J.) 27.11.2023 NCC : Yes / No Index : Yes / No SJ 2/3

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ 27.11.2023 3/3