This bench dismissed a writ petition challenging an auction notice under the SARFAESI Act. The court closed the petition and related writ petitions as infructuous because no bidders participated in the scheduled auction.
writ petition closed; no costs; W.M.P(MD)Nos.1030 and 1031 of 2016 also closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.01.2016
CORAM :
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
Writ Petition (MD) No.1261 of 2016 and W.M.P(MD)Nos.1030 and 1031 of 2016
1.J.G.Cuthbert
2.Ms.Tharahai Cuthbert
3.M/s.Sugam Enterprises, represented by its Partner, J.G.Cuthbert, Near Joseph Convent Building, Main Road, Meenakshipuram, Nagercoil 629 001. ... Petitioners Vs.
1.The Registrar, Debts Recovery Tribunal, Madurai, III & IV Floor, Kalyani Towers 4/162, Madurai Melur Road, Uthangudi, Madurai 625 107.
2.The Authorised Officer, Indian Overseas Bank, Meenakshipuram, Nagercoil 629 001. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records in pertaining to the auction notice issued by the 2nd respondent dated 10.12.2015 and quash the same.
For Petitioner : Mr.Jesus Moris Ravi For 1st Respondent : Mr.Pala.Ramasamy
ORDER
(Order of the Court was made by V.RAMASUBRAMANIAN,J.)
https://hcservices.ecourts.gov.in/hcservices/ The petitioner has challenged an auction sale notice issued under the SARFAESI Act, 2002 by the secured creditor. But the auction was fixed on 28.01.2016 and the writ petition filed on
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12.01.2016 was got numbered and brought up only today for admission. In the meantime, Mr.Pala.Ramasamy, learned counsel for the bank submitted that there were no bidders in the auction and hence, the auction could not go on. Consequently, the writ petition has become infructuous. Hence, it is closed. No costs. Consequently, W.M.P(MD)Nos.1030 and 1031 of 2016 are also closed.
Sd/-
Assistant Registrar(R)
/True Copy/
Sub-Assistant Registrar
To
1.The Registrar, Debts Recovery Tribunal, Madurai, III & IV Floor, Kalyani Towers 4/162, Madurai Melur Road, Uthangudi, Madurai 625 107. 2.The Authorised Officer, Indian Overseas Bank, Meenakshipuram, Nagercoil 629 001. RL/3C/AAL/MPA/11/2/2016 Writ Petition (MD) No.1261 of 2016 and W.M.P(MD)Nos.1030 and 1031 of 2016 25/01/2016
2 provisions across 2 enactments
J.G.Cuthbert
Ms.Tharahai Cuthbert
M/s.Sugam Enterprises
The Registrar, Debts Recovery Tribunal, Madurai
The Authorised Officer, Indian Overseas Bank
V.RAMASUBRAMANIAN
N.KIRUBAKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court