High CourtsSingle Bench(2011) 08 MAD CK 0383

New Kurinji Housing (P) Ltd. vs The Assistant General Manager, State Bank of India, Madurai City Branch, No. 57,57/1, Kamarajar Salai, Madurai-625 009, The General Manager, (Network 2), State Bank of India, Local Head Office, Circle Top House, No. 16, College Lane, Chennai-600 006 and The Chief Manager, Stressed Assets Resolution Centre (SARC) SBI, Madurai ADB Premises, Corporation Building, R.M.S. Road, Madurai-625001

Madras High Court · Decided on 17 August 2011

HON’BLE JUDGES
Vinod K. Sharma, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (MD) No. 11042 of 2008

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Judgment

12 paragraphs · 254 words

Honourable Mr. Justice Vinod K. Sharma

1.

The Petitioner has approached this Court, with a prayer for issuance of a writ, in nature of certiorari, to quash the letter, dated 7th November 2008 of the respondent.

2.

The impugned letter reads as under:

To, THE MANAGING DIRECTOR, M/S. KURINJI HOUSING PVT. LTD., Plot No. 63/18, Lakeview Garden I St., K K Nager, MADURAI-625020 Dear Sir,

M/S. KURUNJI HOUSING PVT. LTD., ACCOUNT No. 10578816663

Please refer our earlier letter No. SARC 276 dated 19/9/08. In this connection, we would like to inform you that the time granted upto Feb. 2008 by the High Court is over. Again you have requested for 6 months time i.e. upto Aug. 2008 is also over. Hence we requested you to liquidate the entire dues on or before Sep. 2008.

2.

We once again request you to liquidate the entire dues within 15 days time.

Yours faithfully

sd/- ASSISTANT GENERAL MANAGER

3.

The impugned order is only a request, asking the Petitioner to liquidate the entire dues within stipulated period of 15 days, no adverse order has been passed against the Petitioner, which could be entitled to him to invoke the writ jurisdiction of this Court, under Article 226 of the Constitution of India.

4.

In case of the failure of the Petitioner to clear the dues, the Respondents can only resort to statutory remedy in accordance with law, against which the petitioner will have remedy.

5.

The writ petition being totally misconceived is ordered to be dismissed. No costs.