R.Muthammal vs Repco Bank Ltd
2023 Latest Caselaw 9241 Mad

                                                                         W.P.No.5641 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 28.07.2023

                                                   CORAM :

                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                     AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.P.No.5641 of 2023
                     R.Muthammal                                    ..    Petitioner

                                                      Vs.

                     1. REPCO Bank Ltd.
                        Asset Recovery Management Branch Chennai
                        Rep. by its Authorized Officer
                        Repco Tower, No.33, North Usman Road
                        T.Nagar, Chennai – 600 017.

                     2. M/s.Sri Venglamani Amman
                         Educational & Charitable Trust
                        Rep. by its Chairman & Managing Trustee
                        Mr.N.Rajesh Kanna.

                     3. N.Rajesh Kanna
                     4. R.Lakshmi
                     5. R.R.Ramasamy
                     6. K.Poonayee                                  ..    Respondents

                     Prayer: Petition filed under Article 226 of the Constitution of India
                     seeking a writ of certiorari, call for the records and to quash the
                     entire process of the first respondent under SARFAESI Act Leading to
                     the proceedings in Crl.M.P. No. 1226 of 2022 under Section 14 of the
                     SRFAESI act on the file of Chief Judicial Magistrate, Namakkal.


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                 W.P.No.5641 of 2023




                                      For the Petitioner       : Mr.S.Senthil

                                      For the Respondents      : Mr.A.Ilangovan
                                                                 for R1

                                                                   No appearance for R2 to R4


                                                          ORDER

(Made by the Hon'ble Chief Justice)

Heard Mr.S.Senthil, learned counsel for the petitioner and

Mr.A.Ilangovan, learned counsel for the first respondent.

2. Learned counsel for the Bank submits that the proceedings

under Section 14 of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002 (SARFAESI)

filed by the Bank has been withdrawn on 20.02.2023, as the

proceedings under the SARFAESI was not maintainable pursuant to

the judgment of a Division Bench of this Court in the case of

S.P.Ganesan vs. The Authorised Officer, REPCO Bank dated

03.03.2021 in W.P.No.33133 of 2019.

https://www.mhc.tn.gov.in/judis W.P.No.5641 of 2023

3. In view of that, as the proceedings itself has been

withdrawn, nothing survives in this writ petition. The writ petition, as

such, stands disposed of. There will be no order as to costs.

Consequently, W.M.P.No.5663 of 2023 is closed.

                                                          (S.V.G., CJ.)          (P.D.A., J.)
                                                                          28.07.2023
                     Index                 :     Yes/No
                     Neutral Citation      :     Yes/No

                     drm

https://www.mhc.tn.gov.in/judis W.P.No.5641 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm)

W.P.No.5641 of 2023

28.07.2023

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