Madras High Court
M/S.A.P.Steel & Alloys vs The Authorized Officer on 13 April, 2022
W.P(MD)No.7025 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No. 7025 of 2022
and WMP(MD) No.5343, 5344 & 5346 of 2022
1.M/s.A.P.Steel & Alloys,
Rep. by its Partner
D.Purushothaman,
No.65/4, Sukkampatti Road,
Vengaimandalam Village,
Moovanoor Post, Musiri Taluk,
Tiruchirappalli.
2.P.Subashini
3.D.Purushothaman
4.P.Sanjai Kumar .. Petitioners
Vs
1.The Authorized Officer,
Canara Bank,
ARM Branch, Muthiyya Towers,
No.1, Royal Road,
Tiruchirappalli – 620 001.
2. The Branch Manager,
Canara Bank, Teppakulam Branch,
Trichy. .. Respondents
Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Certiorarified Mandamus
calling for the records relating to the impugned auction sale notices
issued by the first respondent in his proceedings Nil dated
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1/5
W.P(MD)No.7025 of 2022
25.02.2022 and 10.03.2022 and quash the same as illegal and
without jurisdiction and consequently directing the respondents to
permit the petitioner to redeem the land and machineries morefully
described at Column 5 of the detailed terms and conditions of the
sale dated 30.03.2022 annexed along with the impugned sale
notices dated 25.02.2022, on payment of the entire reserve
price/sale price as indicated in the impugned e-auction sale notices.
For Petitioner : Mr.B.Saravanan
For Respondents : Mr.C.Deepak
for R1 and R2
ORDER
[Made by PARESH UPADHYAY, J.]
The petitioner challenges the auction sale notice dated 25
February 2022 as amended by notice dated 10 March 2022. The
prayer clause reads as under:
“Writ Petition filed under Article 226 of the
Constitution of India praying for the issuance of a
Writ of Certiorarified Mandamus calling for the
records relating to the impugned auction sale
notices issued by the first respondent in his
proceedings Nil dated 25.02.2022 and 10.03.2022
and quash the same as illegal and without
jurisdiction and consequently directing the
respondents to permit the petitioner to redeem the
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7025 of 2022
land and machineries morefully described at
Column 5 of the detailed terms and conditions of
the sale dated 30.03.2022 annexed along with the
impugned sale notices dated 25.02.2022, on
payment of the entire reserve price/ sale price as
indicated in the impugned e-auction sale notices.”
2. From record it transpires that, the outstanding
amount, as per the impugned notice dated 25 February 2022 is
Rs.30,08,51,384=90 (Rupees Thirty Crores Eight Lakhs Fifty One
Thousand Three Hundred and Eighty Four and Paise Ninety only).
3. At the outset, learned advocate for the petitioner
has submitted that, the sale has already taken place on 30 March
2022. There is also an averment to that effect in the affidavit filed
in support of the petition.
4. We find that, at this stage, it would not be proper
to entertain this petition.
5. We note that, learned advocate for the petitioner
has addressed the Court at length, including by referring to decision
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W.P(MD)No.7025 of 2022
of the Punjab and Haryana High Court in the case of Pal Alloys &
Metal India Private Limited & Ors., reported in AIR 2022 P&H 23. We
find that, those arguments and the said judgment, in the facts of
this case and at this stage, will not take the case of the writ
petitioner any further.
6. For the above reasons, this writ petition is
dismissed. No costs. Consequently, connected miscellaneous
petitions would not survive.
[P.U., J] [R.V., J]
13.04.2022
Index : No
sj/16
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7025 of 2022
PARESH UPADHYAY, J.
and
R.VIJAYAKUMAR, J.
sj
W.P(MD)No. 7025 of 2022
13.04.2022
https://www.mhc.tn.gov.in/judis
