Yakath Ali, v. The Asst. General Manager,
EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)NOs.2499 and 7187 OF 2013 and M.P(MD)Nos.2 and 2 of 2013
1. Mr.Yakath Ali Proprietor M/s.Ayisha Dealers, Son of Mr.E.V.Mohammed Yusoof, 17/4 East Sandai Street, Nagal Nagar, Dindigul, Dindigul District.
2. Mr.M.Iqbal
3. Mrs.I.Zeenath Nisha :Petitioners in both W.Ps'
.vs.
1. The Assistant General Manager, Asset Management Branch(2125),
2. The Chief Manager, Asset Management Branch(2125)
3. The Recovery Officer-I, Debts Recovery Tribunal, Madurai, Department of Financial Services, (Banking Division), 3rd and 4th Floor, Kalyani Towers, 4/162, Madurai-Melur Road, Uthangudi, Madurai - 625 107.
: Respondents in both W.Ps'
PRAYER in W.P(MD)No.2499 of 2013: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ
of Certiorarified Mandamus calling for the proceedings relating to proclamation of Sale in R.P.No.89/09, in D.R.C.NO.49/2009, dated 11.12.2012 on the file of the third respondent and to quash the same as illegal, incompetent and arbitrary and further to direct the respondents to receive balance amount due as per the amount arrived at on 3.2.2011 OTS letter with interest for the delayed period. PRAYER in W.P(MD)No.7187 of 2013: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the proceedings in AMBC/RCC/228/2012-2013, dated 15.2.2013 on the file of the first respondent and to quash the same as illegal, arbitrary and without jurisdiction and subsequently to direct the respondent Bank to close the loan account on the basis of the 3.2.2011 compromise taking into account the payment by the Petitioner with interest for the delayed period.
For Petitioners : Mr.H.Lakshmi Shankar in both W.Ps For Respondents : Mr.K.Periasamy 1 and 2 in both W.Ps'
For Respondent-3 : No appearance in W.P(MD)No.
COMMON ORDER [Order of the Court was made by S.S.SUNDAR.,J.] The learned counsel for the Petitioners seeks permission of this Court to withdraw these Writ Petitions. The learned counsel has also made an endorsement to that effect.
2.In view of the same, these Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are dismissed.
Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To
1. The Assistant General Manager, Asset Management Branch(2125),
2. The Chief Manager, Asset Management Branch(2125)
3. The Recovery Officer-I, Debts Recovery Tribunal, Madurai, Department of Financial Services, (Banking Division), 3rd and 4th Floor, Kalyani Towers, 4/162, Madurai-Melur Road, Uthangudi, Madurai - 625 107.
+1 CC to M/s.PT.S.NARENDRAVASAN, Advocate ( SR-54555[F] dated 18/03/2019) +1 CC to M/s.H.LAKSHMI SHANKAR, Advocate ( SR-54879[F] dated 19/03/2019) VSN TE/KM : 02/04/2019 : 3P/6C COMMON 0RDER MADE IN W.P(MD)NOs.2499 and 7187 OF 2013 and M.P(MD)Nos.2 and 2 of 2013 18.03.2019