Petitioner filed a writ seeking declaration of possession of auctioned flat. Court noted petitioner acknowledged obtaining possession from secured creditor, rendering principal grievance moot. Petition disposed of without order on costs.
Petition disposed of; no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.8192 of 2021
S.Srividhya .. Petitioner
vs.
1.The Authorized Officer,
Central Bank of India,
1 st Floor, AC, 10, 2 nd Avenue,
Anna Nagar,
Chennai – 600 040.
2.E.Iyyappan .. Respondents
(Respondent No.2 impleaded as per the order
dated 30.03.2021)
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to take appropriate steps to deliver to the petitioner the physical possession of the property viz., the residential flat, bearing No.C-3, 3rd Floor, “PRIME ROSE BLOCK” with a plinth area of 910 Sq. Ft. (inclusive of common area) KNR ABIRAMI WESTER VILLAGE, Vandalur, Chennai-600 048.
For Petitioner : Mr.S.Sathia Chandran For Respondents : Mr.Nithyaesh Natraj for respondent No.1
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The petitioner acknowledges that the petitioner has obtained possession of the auctioned asset from the secured creditor. In view of such submission, nothing remains of the petition.
However, the petitioner complains of certain walls and other matters pertaining to the secured asset. It will be open to the petitioner to carry such grievance to the appropriate forum in accordance with law.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
bbr
To
The Authorized Officer,
Central Bank of India,
1 st Floor, AC, 10, 2 nd Avenue,
Anna Nagar,
Chennai – 600 040.
W.P.No.8192 of 2021
VSN-II(CO)
PM(13/07/2021)
1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus for delivery of possession of the auctioned property given she has obtained it from the secured creditor.
1 provisions across 1 enactments
S.Srividhya
The Authorized Officer, Central Bank of India
E.Iyyappan
Sanjib Banerjee
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
