(made by S.MANIKUMAR, J.) E-Auction Notice No.2/2015 dated 18.06.2015, issued by the Recovery Officer, Debts Recovery Tribunal-I, Chennai is challenged by the petitioner in this writ petition. The third respondent has availed loan from State Bank of India, Chennai/respondent No.2 creating mortgage, by deposit of title deeds. Bank has filed O.A.No.916/1999 under Section 31(A) under the Recovery of Debts due to Banks and Financial Institutions Act, 1993 before the Debts Recovery Tribunal - I, which passed final orders dated 29.02.2012. DRC Certificate No.31/2012 has been issued for Rs.65,74,117.11 and interest of Rs.4,33,35,219.30P, third party/writ petitioner has filed W.P.No.35342/2013 before this court. Subsequently, the writ petition was closed as no e-auction notice had taken place. Contending inter alia that without mentioning the encumbrance, in the e-auction notice, as required under Rule 53 of the second schedule to Income Tax Act, 1961, instant e-auction notice issued and therefore, the same is liable to be quashed by issuance of a writ of certiorari.
2. On this day, when the matter came up for hearing , Mr.K.S.Sundar, learned counsel appearing for State Bank of India, Egmore/2nd respondent submitted that there was no sale.
3. In view of the above, we are of the view that nothing survives in the instant writ petition for adjudication. If the sale had taken place as scheduled and due to non-mentioning of encumbrance, and if the petitioner is aggrieved, then it is open to him to challenge before the concerned forum. But, that is not the case. However, we observe that, sale notice should satisfy the requirement of the statutory provisions.
In view of the above, writ petition is dismissed. However, there shall be no order as to cost. Consequently, the connected miscellaneous petitions are closed.