V.Balakrishnan vs Equitas Small Finance Bank ...
2023 Latest Caselaw 11364 Mad

                                                                           W.P.(MD) No.12394 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 28.08.2023

                                                    CORAM:

                                  THE HON'BLE MR.SANJAY V.GANGAPURWALA,
                                               CHIEF JUSTICE
                                                    and
                                    THE HON'BLE MR.JUSTICE P.VADAMALAI

                                           W.P.(MD) No.12394 of 2023

                 V.Balakrishnan                                                ... Petitioner

                                                       -vs-

                 1.Equitas Small Finance Bank Limited,
                   Represented by its Authorised Officer,
                   4th Floor, Phase II, Spencer Plaza
                   No.769 Mount Road
                   Anna Salai, Chennai 600 002.

                 2.M.Boseraja

                 3.M.Veluchamy                                                 ... Respondents

                 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
                 Writ of Mandamus to direct the 1st respondent to de-seal the petitioner's shop
                 located on the ground floor of the building bearing Plot No.1/49 Kasimali Nagar,
                 Batlagundu Road, Dindigul Town and allow the petitioner to vacate the same by
                 taking machineries in the shop premises based on the petitioner's representation

                 ____________
                 Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                              W.P.(MD) No.12394 of 2023


                 dated 15.05.2023 within the time stipulated by this Court.


                                  For Petitioner   : Mr.P.Manikandan
                                  For Respondent   : Mr.R&P Partners for R1



                                                       ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE]

Heard Mr.P.Manikandan, learned counsel for the petitioner and M/s.R&P

Partners, learned counsel for the respondent Bank.

2. The present writ petition is filed with a direction to de-seal the

petitioner's shop. Reliance is placed on the judgment delivered by this Court in a

Writ Petition filed by the petitioner earlier in W.P.(MD) No.16623/2022 decided

in the order dated 02.08.2022, wherein, the bank was directed to deliver the

possession of the premises to the petitioner with a further sum of Rs.10,000/-.

3. The learned Advocate for the Bank submits that the said order was

challenged by the bank by filing Special Leave Petition and the Apex Court has

____________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.12394 of 2023

stayed the said order on 14.10.2022. The learned counsel for the Bank submits

that the Special Leave Petition is still pending before the Apex Court.

4. In view of the fact that the earlier order of this Court is stayed by the

Apex Court, no further orders can be passed in the present writ petition.

Depending upon the orders that would be passed by the Apex Court, the parties

may take further course. The writ petition stands dismissed. However, there is no

order as to costs.

                                                          [S.V.G., CJ.]                    [P.V.M, J.]
                                                                          28.08.2023
                 NCC              : Yes / No
                 Index            : Yes / No

                 RR




                 ____________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.12394 of 2023

THE HON'BLE THE CHIEF JUSTICE and P.VADAMALAI, J.

RR

W.P.(MD)No.12394 of 2023

28.08.2023

____________

https://www.mhc.tn.gov.in/judis