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Mrs.K.Uma Maheswari vs Central Bank Of India

Madras High Court|08 November, 2017

JUDGMENT / ORDER

[Order of the Court was made by M.VENUGOPAL, J.] Heard the Learned Counsel for the Petitioner and the Learned Counsel appearing for the first and second Respondents.
2. It comes to be known that the Petitioner is assailing the auction notice dated 08.09.2017 issued by the second Respondent in this Writ Petition.
3. At this stage, it is brought to the notice of this Court that on 27.09.2017, in the present Writ Petition, the following order was passed:
"Mr.N.Dilip Kumar, Learned Counsel, takes notice for the Respondents and seeks time to get instructions.
Post on 25.10.2017.
There shall be an order of interim stay on condition that the Petitioner shall deposit a sum of Rs.Two Lakhs (Rupees Two Lakhs only) to the Respondents on or before 10.10.2017 and another sum of Rs.2.00 Lakhs on or before 24.10.2017, failing which, the interim stay granted shall stand vacated automatically without reference to this Court."
4. Even the afore-stated conditional order has not been complied with by the Writ Petitioner in true letter and spirit as on today.
5. Considering the fact that the present Writ Petition before this Court is not per se maintainable in the eye of law, because of the latent and patent reason that the Writ Petitioner has a viable, alternative, effective and efficacious remedy before the competent Forum, namely the Debts Recovery Tribunal, Madurai, this Court, without expressing any opinion on the merits of the matter, dismisses the Writ Petition as not maintainable. No costs. Consequently, the connected Miscellaneous Petitions are closed.
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Title

Mrs.K.Uma Maheswari vs Central Bank Of India

Court

Madras High Court

JudgmentDate
08 November, 2017