Dismissed

Shanthi v. Authorised Officer / Chief Manager

Madras HC4 Nov 2020WP/14630/2020

Case brief

AI extract

What is this about?

This petition challenged a consequential order for quashing a Magistrate’s directive prohibiting a bank from taking physical possession of property. The Court dismissed the writ as there was nothing to adjudicate upon since the main order had been dismissed as withdrawn pursuant to a separate writ petition.

What did the court decide?

Writ Petition dismissed; No costs; Connected miscellaneous petition closed.

Shanthi Vs Authorised Officer / Chief Manager — Civil Procedure and Limitation | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 04.11.2020

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CORAM

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THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN

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AND

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THE HONOURABLE MRS. JUSTICE R.HEMALATHA

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WP.No.14630 of 2020
and W.M.P.Nos.19605, 18152 & 18153 of 2020
Shanthi .. Petitioner
Versus
1.Authorised Officer/Chief Manager,
Punjab National Bank,
(Secured Creditor),
No.774, Oppanakara Street,
Coimbatore.
2.R.Rajendran
3.Mary Maragatham .. Respondents

¶8

Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records of the learned Chief Judicial Magistrate, Coimbatore culminating in C.M.P.No.1161/2019 dated 04.03.2020 and quash the same and further direction to the 1st respondent / Bank not to take any coercive steps in taking physical possession of the petitioner property in Door No.39/69, Sir Shanmugham Road, R.S.Puram, Coimbatore 641 002 in pursuance of the order dated 04.03.2020 in Cr.M.P.No.1161/2019 of the learned Chief Judicial Magistrate, Coimbatore.

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1/2

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.K.Balakrishnan

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For Respondents: Mr.M.L.Ganesh for R1

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ORDER

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[Order of the Court was made by M.SATHYANARAYANAN,J.,]

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The petitioner challenges the consequential order dated 04.03.2020 in CMP.No.1161/2019, which came to be passed in pursuant to the order dated 04.01.2020 made in Cr.MP.No.1161/2019. In the light of the fact that W.P.No.15773/2020, challenging the order dated 04.01.2020 made in Cr.MP.No.1161 of 2019, on the file of the Chief Judicial Magistrate, Coimbatore, came to be dismissed as withdrawn, nothing remains for further adjudication in this Writ Petition.

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It is to be noted at this juncture that the order which is the subject matter of challenge in W.P.No.14630 of 2020, is only a consequential order. Unless the main order is set aside, the consequential order would remain on record.

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In the light of the same, this Writ Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.

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-s/d-

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Assistant Registrar True Copy Sub-Assistant Registrar sk To

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1.The Chief Judicial Magistrate Coimbatore

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2.Authorised Officer/Chief Manager, Punjab National Bank, (Secured Creditor), No.774, Oppanakara Street, Coimbatore.

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nr(co) aa03/12/2020

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2/2

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https://hcservices.ecourts.gov.in/hcservices/

Shanthi v. Authorised Officer / Chief Manager

Case brief

What is this about?

What did the court decide?

Shanthi v. Authorised Officer / Chief Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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