The Writ Petition under Article 226 and connected Misc. Petitions challenging bank actions under SARFAESI Act were dismissed for non-prosecution on multiple adjournments as the petitioner failed to appear.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2019
CORAM :
The Hon'ble Mrs.VIJAYA.K.TAHILRAMANI, CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE M.DURAISWAMY
W.P. No.31029 of 2007 and M.P.Nos.1 to 5 of 2007 Madras Petrochem Ltd. rep. by its Managing Director. .. Petitioner No.16, 1st Floor, Nariman Bhavan, 227, Nariman Point, Mumbai-400 021. -vs1.ICICI Bank Ltd., Rep. by its Chairman, Landmark, Race Course Circle, Vadodara 390 007. 2.Kotak Mahindra Bank Ltd., Rep. by its Chairman, 36-38A, Nariman Bhavan, 227, Nariman Point, Mumbai 400 013. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the respondents from bringing the property at Survey No.218/1A2, 218/1A1B, 218/1A1A2 and 220/1A30 (New Survey No.275/3) Manali Village, Thiruvottiyur Taluk, Chengalpet District, Tamilnadu, to public auction in respect of the claim made in its Section 13 (2) notice dated 20.11.2002 and subsequent proceedings under section 13 (4) of the SARFAESI Act and consequently, direct the respondents to surrender possession of immovable properties taken over by the respondents in the proceedings under SARFAESI Act and refund the balance amount with interest @ 18% p.a. from date of possession from the sale proceeds of the movable properties after adjusting its dues as determined by the DRT, Mumbai, by order dated 08.02.2007 in O.A.No.350/03.
For Petitioners : No appearance For Respondents : Mrs.Rita Chandrasekar for M/s.Aiyar & Dolia for RR 1 & 2
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice)
There is no representation for the petitioner. So also, on the earlier two dates, i.e., on 22.07.2019 and 11.07.2019, there was no representation for the petitioner.
2.In the order dated 22.07.2019, it is reflected that there was no representation for the petitioner on that date, so also on the earlier date, i.e., 11.07.2019, hence, the matter be posted for dismissal on 26.07.2019, i.e., today.
3.As stated earlier, today also, there is no representation for the petitioner. Hence, the writ petition is dismissed for non-prosecution. Consequently, M.P.Nos.1 to 5 of 2007 are also dismissed.
Sd/Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar (sra) TO: The Managing Director, Madras Petrochem Ltd. No.16, 1st Floor, Nariman Bhavan, 227, Nariman Point, Mumbai-400 021.
+1cc to M/s.Aiyar & Dolia, Advocate sr.64132
W.P.No.31029 of 2007 br(co) nr 17/09/2019
2 provisions across 2 enactments
Madras Petrochem Ltd.
ICICI Bank Ltd.
Kotak Mahindra Bank Ltd.
Vijaya.K.Tahilramani
M.Duraismamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
