The petitioner challenged an NPA-related auction notice via a writ petition under Article 226, seeking return of mortgaged title deeds and quashing of the sale process. The court dismissed the petition as withdrawn, with liberty to approach the appropriate forum.
Writ petition dismissed as withdrawn with liberty to approach the appropriate forum.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2020
CORAM :
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
W.P.No.15048 of 2020
and
W.M.P.Nos.18747, 18748, 18751 & 18752 of 2020
P.Muthu Kumar ... Petitioner .Vs. 1. The Authorised Officer Omkara Asset Reconstruction Pvt. Ltd., 57/29, Appachi Nagar, Kongu Nagar Extn., Tiruppur – 641 605.
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent made in the sanction approval letter No. Nil dated 15.11.2015 and the consequential revocation letter No. Nil dated 20.05.2020 and the consequential auction notice dated 23.09.2020 Ref No. Omkara/ 2020-2021/RS-222 and quash the same as arbitrary and illegal and direct the 1st Respondent return the original title deeds of the Petitioner of the said property that is being brought for sale that were originally mortgaged to the 2nd respondent which are in the custody of 1st Respondent.
For Petitioner : Mr.Silambanan Senior Counsel for M/s.Kaavya Silambanan Associates
O R D E R
(Order of the Court was made by M. SATHYANARAYANAN, J.)
Heard the submissions of Mr.Silambanan, learned Senior Counsel appearing for the petitioner and also perused the materials placed.
2.After some arguments, learned counsel on record for the petitioner undertakes to send an endorsement through e-mail to the Registry of this Court for withdrawal of this writ petition, with liberty to avail appropriate remedy before the competent forum.
3.In the light of the same, this writ petition is dismissed
as withdrawn, and if the petitioner is advised, and if it is
available under law, he is at liberty to avail the remedies open
to him, before the appropriate forum of competent jurisdiction.
No costs. Consequently, connected miscellaneous petitions are
closed.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
To
1. The Authorised Officer
Omkara Asset Reconstruction Pvt. Ltd.,
57/29, Appachi Nagar, Kongu Nagar Extn.,
Tiruppur – 641 605.
2. The Branch Manager,
South Indian Bank Ltd.,
No.256/158, Opp. to Taluk Office,
Kumaran Road, Tiruppur – 641 601.
W.P.No.15048 of 2020
rr ii (04/11/2020)
1 issue framed by the court
Writ petition challenging the sanction approval letter and auction notice under Article 226 of the Constitution of India.
1 provisions across 1 enactments
P. Muthu Kumar
The Authorised Officer, Omkara Asset Reconstruction Pvt. Ltd.
The Branch Manager, South Indian Bank Ltd.
P. Natarajan, Proprietor, M/s. Thangaman Knits
M. SATHYANARAYANAN
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
