Petitioner challenged auction notice for default on tractor loan. Court dismissed writ as infructuous since tractor was already sold in 2018 and balance amount was recovered via DRT. Connected petitions closed.
None granted; writ dismissed as infructuous; consequential petitions closed.
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W.P.(MD).No.2756 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.2756 of 2013 and M.P(MD)Nos.1 & 2 of 2013
P.Dharmaraj
... Petitioner
Vs.
The Branch Manager, Canara Bank, Sattur Branch, Virudhunagar District.
... Respondent
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned auction notice, dated 12.02.2013, issued by the respondent bank and quash the same and issue a consequential direction directing the respondent bank to hand over the possession of the petitioner's tractor bearing TN 67 P 3828 and Trailor bearing Reg.No.TN 67 P 3829 to the petitioner.
For Petitioner : M/s.Lakshmi Gopinathan
For Respondent : Mr.K.Muraleedharan
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W.P.(MD).No.2756 of 2013
ORDER
The present Writ Petition has been filed challenging an auction
notice issued by the respondent Bank, under which, the tractor belonging
to the writ petitioner was brought to auction due to default in payment of the loan.
the tractor has already been sold in November 2018 and the said amount has been credited to the loan account of the writ petitioner. For the balance amount, the respondent Bank has already filed original application in O.A.No.638 of 2021 before the Debt Recovery Tribunal (DRT), Madurai. In view of the subsequent events, the writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.
01.09.2022
Index : Yes / No Internet : Yes / No btr 2/3
W.P.(MD).No.2756 of 2013
R.VIJAYAKUMAR, J.
btr
To
The Branch Manager, Canara Bank, Sattur Branch, Virudhunagar District.
Order made in W.P.(MD).No.2756 of 2013
01.09.2022
3/3
P.Dharmaraj
The Branch Manager, Canara Bank, Sattur Branch, Virudhunagar District.
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
