Writ petition against a bank's sale notice. The petitioner had not complied with a conditional interim order requiring payment of Rs.1,50,000, and her daughter's related suit had been dismissed for non-prosecution. Finding no merit, the Court dismissed the petition with no order as to costs.
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W.P(MD)No.21435 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.11.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P(MD)No.21435 of 2016 and
W.M.P(MD)Nos.15319 & 15320 of 2016
Lakshmi ... Petitioner
Vs.
1.The Joint Director, Tamil Nadu Industrial Co-operative Bank Limited, CMDA Office Complex, Egmore, Chennai.
2.The Branch Manager, Tamil Nadu Industrial Co-operative Bank Limited, Sathur, Virudhunagar District. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the impugned Sale Notice issued in Tamil Daily “Tamil Sudar” dated 21.10.2016 by the second respondent and quash the same as illegal.
For Petitioner : Mr.C.Sundaravadivel
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W.P(MD)No.21435 of 2016
For Respondents : Mr.S.Rajasekar for M/s.T.Lajapathi Roy & Associates
ORDER
By order dated 10.11.2016, this Court had granted an interim order on payment of sum of Rs.1,50,000/- with the second respondent. Even as of today, the said conditional order has not been complied with. It is also been brought to the notice of the Court that the daughter of the petitioner has also initiated a suit in O.S.No.69 of 2016 on the file of District Munsif Court, Sattur and the same has also been dismissed for nonprosecution as early as on 06.07.2017. Since the conditional order has not been complied with and also the suit filed by the daughter of the petitioner has been dismissed, there is no merits in this writ petition and the same is dismissed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
25.11.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No MGA
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W.P(MD)No.21435 of 2016
To
1.The Joint Director, Tamil Nadu Industrial Co-operative Bank Limited, CMDA Office Complex, Egmore, Chennai.
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W.P(MD)No.21435 of 2016
K.KUMARESH BABU, J.
MGA
W.P(MD)No.21435 of 2016 and W.M.P(MD)Nos.15319 & 15320 of 2016
25.11.2024
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1 issue framed by the court
Should the writ petition challenging the sale notice be entertained when the conditional interim order (deposit of Rs.1,50,000) was not complied with and the daughter's suit stood dismissed?
1 provisions across 1 enactments
Lakshmi
The Joint Director, Tamil Nadu Industrial Co-operative Bank Limited, CMDA Office Complex, Egmore, Chennai
The Branch Manager, Tamil Nadu Industrial Co-operative Bank Limited, Sathur, Virudhunagar District
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
