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[Cites 2, Cited by 0]

Madras High Court

S&S Industries And Enterprises Ltd vs Stressed Assets Stabilization Fund on 1 July, 2019

Bench: Vijaya K.Tahilramani, M.Duraiswamy

                                                           1

                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 01.07.2019

                                                       CORAM :

                             The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE
                                                         AND
                                      The Hon'ble Mr.JUSTICE M.DURAISWAMY


                                               W.P.No.13052 of 2007

                      S&S Industries and Enterprises Ltd.,
                      rep. by its Director and Secretary,
                      A-4, First Main Road,
                      Ambattur Industrial Estate,
                      Chennai – 600 058.                                       .. Petitioner

                                                         -vs-

                      1.Stressed Assets Stabilization Fund,
                        115, Anna Salai,
                        Saidapet, Chennai-600 015.

                      2.Industrial Development Bank of India Limited,
                         115, Anna Salai,
                        Saidapet, Chennai-600 015.                             .. Respondents

                            Petition filed under Article 226 of the Constitution of India
                      praying for issue of Writ of Certiorari calling for the records of the first
                      respondent in Proceedings under Ref.8672/SASF (SSIEL) dated 15 th
                      March 2007 threating coercive steps under Section 13 of the
                      Securitisation and Reconstruction of Financial Assets and Enforcement
                      of Security Interest Act, 2002 including taking over of possession
                      and/or management of the Secured Assets of the petitioner company
                      and quash the same, as the action of the first respondent is illegal,



http://www.judis.nic.in
                                                              2

                      ultra vires and further the first respondent has absolutely no
                      jurisdiction to initiate such action.


                                  For Petitioner              : Mr.B.Natarajan

                                  For Respondents             : Mr.K.Balamurali
                                                                for M/s.Shivakumar
                                                                and Suresh
                                                                for respondent No.2

                                                                  No Appearance
                                                                  for respondent No.1


                                                        ORDER

The learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to approach the appropriate forum. He has also made an endorsement to the said effect.

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, M.P.No.1 of 2007 is closed.



                                                                     (V.K.T., CJ.)      (M.D., J.)
                                                                               01.07.2019

                      Index        : Yes/No
                      bbr



The Hon'ble Chief Justice and http://www.judis.nic.in 3 M.Duraiswamy, J.

bbr W.P.No.13052 of 2007 01.07.2019 http://www.judis.nic.in