W.P.(MD) No.615 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.615 of 2023
and
W.M.P(MD)Nos.602 and 608 of 2023
F.Premnath ... Petitioner
Vs.
IDBI Bank,
Rep. by its Authorized Officer,
No.1/1, First Floor,
Karthik Raja Complex,
Vinayagar Nagar,
KK Nagar,
Madurai. .... Respondent
PRAYER : Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records
pertaining to the possession Notice dated 06.12.2022 issued by the
respondent, in respect of the house sites property comprised in
R.S.No.177/5, New S.No.28/5A2, having an extent of 2670 sq.ft
(6 cents and 54 sq. ft.) situated within the District of Madurai and the
quash the same as unconstitutional, illegal and ultra virus the Act
and Rules and consequently direct the respondent Bank to act only in
accordance with the SARFAESI Act and Security Interest
(Enforcement) Rules.
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W.P.(MD) No.615 of 2023
For Petitioner :M/s.Priscilla Jancy
For Respondent :Mr.J.Prabakaran
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.]
Challenging the possession notice issued by the respondent
bank, the petitioner has filed this writ petition.
2. However, when the matter is taken up for hearing today, the
standing counsel appearing for the respondent – bank, on
instructions, would submit that the entire outstanding due has been
settled by the petitioner and the loan account of the petitioner has
been closed.
3. Recording the said submissions, this writ petition is
dismissed as infructuous. No Costs. Consequently, connected
Miscellaneous Petitions are closed.
[D.K.K., J.] [R.V., J.]
29.02.2024
Neutral Citation: Yes / No
Index : Yes / No
PM
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W.P.(MD) No.615 of 2023
D.KRISHNAKUMAR , J .
and
R.VIJAYAKUMAR, J.
PM
W.P.(MD)No.615 of 2023
29.02.2024
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