Dismissed¶23

Sivakumar v. M/S.Canara Bank

Madras HC26 Mar 2025WP/4712/2025

Case brief

AI extract

What is this about?

Madras High Court; WP No.4712 of 2025 and WMP No.5232 of 2025; Sivakumar vs M/s.Canara Bank; Article 226 Constitution of India; Writ of Mandamus; forbear coercive steps; dispossess mortgaged properties/secured assets; Debts Recovery Appellate Tribunal Chennai; AIR No.228/2025; Debts Recovery Tribunal; counter outstanding Rs.3,47,55,894/- as on 28.02.2025; no rejoinder; leave to withdraw; petition dismissed as withdrawn; no observation on merits; bank counter statement does not survive; no order as to costs; interim application dismissed; K.R.SHRIRAM Chief Justice; Mohammed Shaffiq J; decided 26.03.2025.

What did the court decide?

The petition is dismissed as withdrawn; the Court has made no observation on the merits of the matter. ¶23

Sivakumar Vs M/S.Canara Bank — Writ and Judicial Review | Madras HC (2025)

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WP No.4712 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.03.2025

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CORAM

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

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WP No.4712 of 2025 and WMP No.5232 of 2025

Sivakumar

.. Petitioner

-vs-

M/s.Canara Bank Rep. by Authorized Officer, Specialized Agricultural Branch, May Flower Complex, II Floor, 121, 11 Street, Tatabad, Coimbatore 641 012.

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.. Respondent

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to forbear the respondent from taking any coercive steps to dispossess the petitioner from the mortgaged properties/ secured assets of the petitioner till the pending disposal of the appeal preferred before the Debts Recovery Appellate Tribunal Chennai in AIR No.228/2025.

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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WP No.4712 of 2025

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For Petitioner : Mr.I.M.Siddartha Ramarajan For Respondent : Mr.M.A.Abdul Wahab for M/s.K.V.Subramanian Associates * * * * *

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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A counter has been filed by the bank making various allegations including the fact that there is an outstanding of Rs.3,47,55,894/- as on 28.02.2025. No rejoinder has been filed though the counter was served over ten days ago.

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After the petition was heard for some time, counsel sought leave to withdraw the petition saying that he shall approach the Debts Recovery Tribunal.

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Petition is dismissed as withdrawn. We clarify that we have not made any observation on the merits of the matter. It goes without saying that the statement made by the bank earlier in the counter does not survive in view of the petition being withdrawn.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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WP No.4712 of 2025

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There shall be no order as to costs. Consequently, the interim

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application also stands dismissed.

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(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 26.03.2025