Madras High Court
Miss V.Anu Radha vs M/S.Canara Bank on 19 December, 2016
Author: S. Manikumar
Bench: S.Manikumar, M.Govindaraj
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2016 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.No.18509 of 2016 and W.M.P.No.16193 of 2016 Miss V.Anu Radha .. Petitioner versus 1. M/s.Canara Bank, ARM Branch, Spencer Towers-II, No.770-A, Anna Salai, Chennai - 2, Rept. By its Chief Manager. 2. M/s.Swastik Enterprises, Reptd. by its Proprietor, Mr.S.Samraj 3. Mr.S.Samraj .. Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorari, calling for the impugned proceeding initiated by the 1st respondent under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 in Crl.M.P. No.6530 of 2015 dated 06.01.2015 on the file of Honourable Chief Metropolitan Magistrate Court, Egmore and quash the same as arbitrary and illegal. For Petitioner : Mr.Stanly Chellappa For Respondents : Mr.R.Umasuthan (for R1) Mrs.Christella (for R3) ORDER
(Order of the Court was made by S.MANIKUMAR, J.) Agreement holder, from the borrower has filed the instant writ petition challenging initiation of proceedings under Sections 14(1) and (2) of the SARFAESI Act 2002 by M/s.Canara Bank,ARM Branch, Chennai.
2. On this day, when the writ petition is listed for further hearing, Mr.Stanly Chellappa, one of the learned counsel for the petitioner, shown in the cause list submitted that the writ petitioner has taken back the entire cause papers along with change of vakalat.
3. Mr.R.Umasuthan, learned counsel for the bank submitted that the petition filed under Section 14 of the SARFAESI Act, 2002, before the learned Chief Metropolitan Magistrate, Chennai, has been numbered as Crl.M.P.No.6530 of 2015. Record of proceedings shows that on 01.06.2016, a Hon'ble Division Bench of this Court has ordered notice to respondents 1 to 3 herein. He further submitted that after adjudication, the said proceedings had culminated into an order dated 22.10.2016 in Crl.M.P.No.6530 of 2015, on the file of the learned Chief Metropolitan Magistrate, Chennai, by which an Advocate Commissioner has been appointed to take possession of the schedule property. He further added that the order passed in Crl.M.P.No.6350 of 2015 dated 22.10.2016 on the file of learned Chief Metropolitan Magistrate, Chennai, has also been challenged by the writ petitioner, by way of an appeal under Section 17 of the SARFAESI Act, 2002 before the Debts Recovery Tribunal-II, Chennai in SAR Appeal No.120 of 2016. In the light of the subsequent events, Mr.R.Umasuthan, learned counsel for the respondent bank submitted that nothing survives in the writ petition.
4. We have perused the copy of the order made in Crl.M.P.No.6530 of 2015 dated 22.10.2016 on the file of the learned Chief Metropolitan Magistrate, Chennai and copy of SAR Appeal No.120 of 2016, filed before the Debts Recovery Tribunal - II, Chennai. Submissions of Mr.Umasuthan, learned counsel for the respondent bank are substantiated.
5. Though, the petitioner had given change of vakalat, taking note of the subsequent events this Court is of the view that there is no need to adjourn the instant writ petition for any further hearing. In the light of the subsequent events, as rightly pointed out, nothing survives in the present writ petition, for further adjudication. Hence, this writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.
[S.M.K., J.] [M.G.R., J.] 19.12.2016 Index: Yes/No. Internet: Yes ars S. MANIKUMAR, J.
AND M.GOVINDARAJ, J.
ars To The Chief Manager, M/s.Canara Bank, ARM Branch, Spencer Towers-II, No.770-A, Anna Salai, Chennai - 2 W.P.No.18509 of 2016 and W.M.P.No.16193 of 2016 19.12.2016 http://www.judis.nic.in