W.P.No.30014 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.08.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN WP No.30014 of 2025 and WMP No.33633 of 2025 Anbalagi W/o.Manickam, Door No.3/47A, Teachers Colony, Masinaickanpatti, Salem-636 103 Salem District. Petitioner(s) Vs 1. The Authorised Officer DBS Bank Ltd, Muthugapatty Branch, Formerly Lakshmi Vilas Bank, Having its Regional Office at 1st Floor, Platinum Jubilee Building, No.68, Oppanakkara Street, Coimbatore-641 001. 2. J.S.Enterprises Rep by its Partners, K.Jaganathan and M.Santhanakumar, No.5/151, Main Road, Muthugapatti Village, Namakkal-637 405. ______________ https://www.mhc.tn.gov.in/judis W.P.No.30014 of 2025 3. K.Jaganathan S/o.Kuppusamy Konar, No.5/195, Sendhamangalam Main Road, Muthugapatti Village, Namakkal-637 405 Also at No.29/59, Kamarajar Nagar, Rasipuram Taluk, Namakkal District. 4. M.Santhanakumar S/o.Manickam, No.6/108 and 6/107, Teachers Colony, Masinaickanpatti Village, Ayothiyapattinam, Salem District. Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the 1st respondent pertaining to the impugned sale notice dated 13.5.2025 issued by the 1st respondent under the SARFAESI Act 2002 and to quash the same as illegal. For Petitioner(s): Mr.C Prabakaran ORDER (Order of the Court was made by the Hon'ble Chief Justice) After arguing for some time, learned counsel for the petitioner seeks to withdraw this petition with liberty to approach the Debts Recovery Tribunal assailing the correctness and validity of the sale notice dated 13.5.2025. ______________ https://www.mhc.tn.gov.in/judis W.P.No.30014 of 2025 2. Writ petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, interim application stands closed. 3. Taking into consideration that the petitioner approached this court by filing a petition on 23.6.2025, though with certain defects followed by re-presentation, we direct that the period from 23.6.2025 till today shall be excluded for the purpose of counting the period of limitation in the matter of challenge to legality of sale notice dated 13.5.2025, in the event the petitioner approaches the Debts Recovery Tribunal. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 11.08.2025 Index : Yes/No Neutral Citation : Yes/No sasi To: 1. The Authorised Officer DBS Bank Ltd, Muthugapatty Branch, Formerly Lakshmi Vilas Bank, Having its Regional Office at 1st Floor, Platinum Jubilee Building, No.68, Oppanakkara Street, Coimbatore-641 001. ______________ https://www.mhc.tn.gov.in/judis W.P.No.30014 of 2025 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J. (sasi) WP No.30014 of 2025 and WMP No.33633 of 2025 11.08.2025 ______________ https://www.mhc.tn.gov.in/judis