Smt. Sandru Sri Devi Wife Of Sandra Bhaskar v. Lakshmi Vilas Bank Ltd, Rep.B Y Its

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.30509 of 2015 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) Challenge in this writ petition was to the possession notice dated 14.07.2015 issued by the respondent bank in relation to the property situated at Door No.9-10-72, Durgaeshwara Swamy Temple Lane, near Vishwakarma Street, J.P.N. Road, Warangal, and the consequential e-auction notice dated 27.08.2015.

Sri K. Mallikarjuna Rao, learned counsel for the respondent bank, stated that the sale did not materialise pursuant to the impugned e-auction notice owing to lack of bidders. He further stated that challenge to the possession notice dated 14.07.2015 was on the ground that the petitioner claimed that she had not received the demand notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, but the same is factually incorrect as is demonstrated by the documents filed along with the counter-affidavit. In the light of the afore-stated developments, we are of the opinion that the cause in this writ petition does not survive for consideration on merits. As and when a fresh cause of action arises, it would be open to the petitioner to seek appropriate legal remedies in accordance with law if she has any grievance.

Reserving liberty to the petitioner to do so, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

__________________ SANJAY KUMAR, J ___________________________ Dr. B. SIVA SANKARA RAO, J Date:27.06.2016 GJ