ICICI BANK LIMITED Vs. CUSTODIAN

JUDGEMENT

(1.) SEEKING writ of mandamus, the petitioner Bank has filed this writ petition to forbear the first respondent from proceeding with the auction of the landed property situated at S.Nos.343 and 358, Vilambur Kuppam, Vilambur Post, Cheyyur Taluk, Kancheepuram District, Tamil Nadu admeasuring 5.9725 acres scheduled to be held on 20.06.2006 pursuant to the publication made in the Chennai Edition of New India Express dated 3.6.2006.

(2.) THE affidavit filed in support of the petition and also the counter affidavit are perused. THE court heard the learned counsel on either side.

(3.) THE court heard the learned counsel for the respondents. According to him, in a proceedings pending on the file of the Special Court, Mumbai in M.P.No.104 of 1999 E.A.No.94 of 2005, the attachment has been made in respect of the property in question. As per the order, the property was to be sold by the first respondent, custodian, who was appointed by the Special Court and under these circumstances, no question of stopping the respondents, including the first respondent, from conducting auction for sale would arise, since the first respondent is acting pursuant to the order of the Special Court; that if really, the petitioner is aggrieved by such an order of attachment either, or for the auction sale, it is for the petitioner to move the very Special Court for necessary relief; that so long as the attachment order is in force and the auction sale is scheduled to take place pursuant to the attachment order, no question of quashing or stopping the sale would arise; that once the order has been passed by the Special Court, Mumbai in exercise of the jurisdiction, no question of making any application before this court either, or stopping or quashing the proceedings would arise and under these circumstances, the writ petition itself is misconceived and hence, it has got to be dismissed.