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N Jayakumar vs Indian Overseas Bank And Others

Madras High Court|27 January, 2017
|

JUDGMENT / ORDER

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.Nos.18055 & 18056 of 2016 and WMP Nos.15838 to 15842 and 16281 of 2016
1. N.Jayakumar, Proprietor, M/s.Kalikambal Modern Rice Mill, Rep. by its Power of Attorney A.R.Nagarajan, (vide POA dated 21/04/216, registered as Document No.5 of 2016 on the file of SRO, Papanasam) .. Petitioner in W.P.18055/16
2. M/s.Sri Padmavathy Modern Rice Mill, by its Partner N.Jayakumar, Rep. by its Power of Attorney A.R.Nagarajan, .. Petitioner in W.P.18056/16 versus
1. Indian Overseas Bank, Rep. by its General Manager, Anna Salai, Chennai.
2. Indian Overseas Bank, Rep. by its Chief Manager / Authorized Officer, Kumbakonam Branch, Town Hall Road, Kumbakonam. .. Respondents in both W.Ps.
Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the issue of impugned notices viz., notices dated 4.5.2016 issued by the 2nd respondent under Section 13(2) of the SARFAESI and quash the same.
For Petitioner : Mr.G.Veerapathiran in both W.Ps.
For Respondents : Mr.F.B.Benjamin George in both W.Ps.
COMMON ORDER (Order of the Court was made by S.MANIKUMAR, J.) Record of proceedings shows that on 19.05.2016, this court has admitted the writ petitions and granted an interim order on condition that the petitioner should deposit a sum of Rs.62 Lakhs to the credit of the respondent bank on or before 01.06.2016, failing which, interim order granted shall stand automatically vacated.
2. Interim order granted has been extended periodically.
3. On this day, when the writ petitions came up for further hearing, Mr.G.Veerapathiran, learned counsel for the writ petitioners submitted that the bank has issued a letter to the borrower/writ petitioner. In view of the subsequent event, he seeks permission to withdraw the writ petitions and has also made an endorsement to that effect.
4. Placing on record the above, instant writ petitions are dismissed as withdrawn. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
[S.M.K., J.] [M.V.M., J.] 27.01.2017 Note to office:
Issue order copy by 30.01.2017 Index: Yes/No. Internet: Yes ars S. MANIKUMAR, J.
AND M.V.MURALIDARAN, J.
ars W.P.Nos.18055 & 18056 of 2016 and WMP Nos.15838 to 15842 and 16281 of 2016
27.01.2017
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Title

N Jayakumar vs Indian Overseas Bank And Others

Court

Madras High Court

JudgmentDate
27 January, 2017
Judges
  • S Manikumar
  • M V Muralidaran