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2014 Supreme(Mad) 386
HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN & K. KALYANASUNDARAM, JJ.
M. Rajendran
Versus
The Registrar, Debts Recovery Appellate Tribunal, Egmore & Others
Writ Petition No. 4621 of 2014 & M.P. Nos. 1 and 2 of 2014
Decided on: 20-02-2014
Advocate Appeared
For the Petitioner:N. Ishtiaq Ahmed, Advocate.
For the Respondents:R3, R4, Dr. T. Ramasamy, Advocate.
The principle of infructuousness applies when an event, such as an e-auction, becomes futile or unnecessary due to certain circumstances, leading to the dismissal of related petitions.
Headnote:
Infructuous - E-Auction - The court dismissed the writ petition as infructuous due to the absence of bidders in the scheduled e-auction.
Fact of the Case:
The scheduled e-auction on 19.2.2014 had no bidders, rendering the writ petition infructuous.
Finding of the Court:
The court found that no e-auction had taken place due to the absence of bidders, leading to the dismissal of the writ petition as infructuous.
Issues: The main issue was the absence of bidders in the scheduled e-auction, leading to the infructuous nature of the writ petition.
Ratio Decidendi: The absence of bidders in the e-auction rendered the writ petition infructuous, leading to its dismissal.
Final Decision: The writ petition was dismissed as infructuous due to the absence of bidders in the scheduled e-auction.
M. Jaichandren, J.
1. At this stage of the hearing of the writ petition, the learned counsel appearing for the respondent Bank had submitted that an e-auction was scheduled to be held, on 19.2.2014. However, there were no bidders in the said e-auction. Therefore, no e-auction had taken place. In such circumstances, the writ petition has become infructuous.
2. The learned counsel appearing for the petitioner had not refuted the submission made by the learned counsel appearing for the respondent Bank.
3. In view of the submission made by the learned counsel appearing on behalf of respondent Bank that no e-auction had taken place, on 19.2.2014, as scheduled, the writ petition has become infructuous. Hence, the writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
