Writ petition challenging an e-auction sale notice under SARFAESI Act was closed as the prayer became infructuous due to a pending application before the Debts Recovery Tribunal.
The writ petition was closed with no costs. Connected miscellaneous petitions were also closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.981 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.01.2022
CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P(MD)No.981 of 2022 and WMP(MD)No.790 and 791 of 2022
Mahalakshmi ... Petitioner
vs.
The Authorized Officer, State Bank of India, 2/89, Middle Street, Mamsapuram Branch, Sivakasi, Virudhunagar District. ... Respondent
Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, call for the records pertaining to the impugned order in E-auction sale notice for sale of Immovable Assets under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with provision to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 dated 20.12.2021 passed by the Respondent bank herein and quash the same as illegal and consequently direct the Respondent not to conduct the e-auction which held on 20.01.2022.
For Petitioner : Mrs.A.Banumathy
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J. )
The writ petition is challenging the sale notice dated 20.12.2021, fixing the date of sale as 20.01.2022.
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W.P(MD)No.981 of 2022
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
bala
To The Authorized Officer, State Bank of India, 2/89, Middle Street, Mamsapuram Branch, Sivakasi, Virudhunagar District.
W.P(MD)No.981 of 2022 DATED : 21.01.2022
RK(04/02/2022) 2P 2C
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3 provisions across 3 enactments
Mahalakshmi
The Authorized Officer, State Bank of India
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
