M Vijay Bhaskar And 3 Others v. State Bank Of India And 3 Others

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE P.KESHAVA RAO WRI T PETI TI ON No.18003 OF 2017 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) This writ petition was filed assailing the action of the State Bank of India in issuing possession notice dated 18.02.2017 and sale notice dated 27.04.2017.

Various grounds were put forth in support of this challenge, including the claim that the subject loan account was insured with the State Bank of India Life Insurance Company Limited, the fourth respondent herein.

Sri V.Nitesh, learned counsel for the petitioners, would now inform this Court that the subject loan account has been cleared by the petitioners themselves.

Sri Podila Hari Prasad, learned counsel appearing for the State Bank of India, also confirms the same.

Sri V.Nitesh, learned counsel, would therefore state that the issues raised in this writ petition would not require adjudication on merits but liberty may be reserved to the petitioners to legally proceed against the State Bank of India Life Insurance Company Limited, the fourth respondent.

Despite service of notice, the fourth respondent company did not choose to put in its appearance before this Court. However, as we are not venturing into the merits of the claim sought to be put forth by the petitioners against the fourth respondent company, the writ petition is dismissed leaving it open to the petitioners

to work out their remedies against the fourth respondent company before the appropriate forum in accordance with law. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________ SANJAY KUMAR,J _________________ P. KESHAVA RAO,J Date: 30.01.2018 IBL