The Court permitted the withdrawal of a Writ Petition challenging mortgage proceedings. Directions were issued to return a deposited sum of Rs. 20 lakhs to the petitioner upon withdrawal.
Permission to withdraw the writ petition granted; bank directed to return deposited Rs. 20 lakhs to petitioner.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and
THE HONOURABLE TMT.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.8043 of 2017
and
WMP Nos.8294 and 8795 of 2017
Dr.R.Murali ... Petitioner
versus
1. M/s.HDFC Ltd.,
Represented by its Authorised Officer
Mr.R.Jaikumar
having its office at Second Floor
ITC Centre, 760, Anna Salai
Chennai - 600 002
2. Lourdes Mary Anitha Fernando
3. Leonard Vasanth ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Declaration to declare that the proceedings in Crl.M.P. No...... of 2016, filed by the 1st respondent before the Chief Metropolitan Magistrate at Egmore is null and void and consequently direct the 1st respondent to consider the petitioner's offer to settle the dues and assign the mortgage in favour of the petitioner.
Contending inter alia that he is a tenant and agreement holder with borrower, petitioner has sought for a writ of declaration, declaring the proceedings in Crl.M.P. No..... of 2016 on the file of Chief Metropolitan Magistrate at Egmore, as null and void, and consequently, prayed for a direction to the
1st respondent to consider petitioner's offer to settle the dues and assign the mortgage in favour of him.
Writ petition is dismissed as withdrawn. However, there shall be no order as to costs. Consequently, the connected Writ Miscellaneous Petitions are closed.
Sd/Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar asr To +1cc to Mr.K.J.Parthasarathy, Advocate, S.R.No.49029 +1cc to Mr.A.Swaminathan, Advocate, S.R.No.49015
W.P.No.8043 of 2017 and WMP Nos.8294 and 8795 of 2017 SJ(CO) CS/08/08/17
Dr.R.Murali
M/s.HDFC Ltd.
Lourdes Mary Anitha Fernando
Leonard Vasanth
S.Manikumar
V.Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
