M/S.Asha Luxury Theatre v. India Bank And Another

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE MS. JUSTI CE J.UMA DEVI WRI T PETI TI ON NO.42622 of 2015 ORDER: (per SK,J) The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue a writ order or direction particularly one in the nature of writ of mandamus directing the respondent Nos.1 and 2 to deliver back the possession of the A and B Schedule properties shown in the Annexure intact, to the petitioner declaring their action as illegal, and ultra vires to the provisions of Articles, 14, 19(1)(g) and 300-A of the Constitution of India besides being in violation of the provisions of the SARFEASI Act and the Rules framed thereunder on the subject and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.'

Sri Ambadipudi Satyanarayana, learned counsel for the Indian Bank, would state that the loan account, which is the subject of the matter of SARFAESI proceedings under challenge before this Court presently, has already been closed.

In that view of the matter, we see no reason to adjudicate this writ petition on merits.

The writ petition is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

________________ SANJAY KUMAR,J _____________ J.UMA DEVI ,J Date:20.12.2017 PGS