Syndicate Bank vs S.Saroja
2021 Latest Caselaw 23583 Mad

                                                                                  W.A.No.1748 of 2013

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATE: 01.12.2021

                                                           CORAM:

                            THE HON'BLE MR. JUSTICE M.DURAISWAMY
                                             AND
                       THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                                     W.A.No.1748 of 2013
                                                     and M.P.No.1 of 2013


                     1.Syndicate Bank,
                       rep by its General Manager (P),
                       Head Office, Manipal.

                     2.Dy.General Manager,
                       Syndicate Bank,
                       Zonal Office, 27/28,
                       Woods Road, Chennai – 600 002.                                ... Appellants

                                                               Vs.

                     1.S.Saroja
                     2.Union of India,
                       rep by Ministry of Finance,
                       New Delhi – 110 001.                                          ... Respondents

                                  Appeal filed under Clause 15 of the Letters Patent against the order
                     dated 22.04.2013 made in W.P.No.4213 of 2001.




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                                                                              W.A.No.1748 of 2013



                                  For Appellants   : Mr.T.S.Rajeev Gandhi
                                                     for M/s.N.V.S. And Associates

                                  For Respondents : Notice not ready
                                                      JUDGMENT

(Judgment was delivered by M.DURAISWAMY, J.)

Though the 1st respondent, who is the Writ Petitioner in

W.P.No.4213 of 2001, had died in the year 2013 itself, the appellants

have not taken any steps to bring on record the legal representatives of

the deceased 1st respondent. The appellants have been taking time since

2019 to bring on record the legal representatives of the deceased 1st

respondent. However, till today, the appellants have not taken any steps.

In these circumstances, the Writ Appeal is liable to be dismissed as

abated as against the 1st respondent.

2.It is also pertinent to note that the notice sent to the 2 nd

respondent in the Writ Appeal, who is also the 2 nd respondent in the Writ

Petition in W.P.No.4213 of 2001, was also returned unserved for the

reason that the appellants have not given the correct details. Since the

Writ Petitioner herself is no more and that no steps have been taken to

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bring on record her legal heirs, the Writ Appeal is liable to be dismissed

as abated. Accordingly, the Writ Appeal is dismissed as abated. No costs.

Consequently, the connected miscellaneous petition is closed.

                     Index        : Yes/No                       [M.D., J.] [J.S.N.P., J.]
                     va                                                   01.12.2021

                     To

                     Ministry of Finance,
                     Union of India,
                     New Delhi – 110 001.




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https://www.mhc.tn.gov.in/judis W.A.No.1748 of 2013

M.DURAISWAMY,J .

and J.SATHYA NARAYANA PRASAD, J.

va

W.A.No.1748 of 2013 and M.P.No.1 of 2013

01.12.2021

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