M/S. Vaeshnavi Foods Khammam Dist. And ANR. v. State Bank Of Hyd. Khammam Dist. And ANR.

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice G.Shyam Prasad Writ Petition No.27174 of 2016 Date: 30.08.2016 Between:

M/s.Vaeshnavi Foods rep. by its Managing Partner Smt Made Swarnalatha and another ..Petitioners and The State Bank of Hyderabad MSME Branch Khammam rep. by its authorized officer & another ..Respondents Counsel for the Petitioners:

None appeared The Court made the following:

CVNR, J & GSP, J WP.No.27174 of 2016 Dt: 30.08.2016 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for a Mandamus to declare the Sale Notice, dated 23-06-2016, and the consequential Auction Notice, dated 11-07-2016, issued by respondent No.1 proposing to conduct auction, on 16-08-2016, of the property bearing Door No.10-6-33 admeasuring 256 square yards situated at Mamillagudem Village, Khammam Town and District, as illegal and arbitrary. The petitioners sought for a consequential direction to set aside the same. On 12-08-2016, this Court has passed the following interim order:

"Pending further orders, the respondents may go ahead with the proposed auction, but, they shall not confirm the same subject to the petitioners depositing with the respondents, a sum of Rs.15 lakhs on or before 19-08-2016. If the petitioners fail to deposit the said amount, the respondents shall be free to take further steps in pursuance of the auction."

At the hearing, there is no representation for the petitioners. Due to the absence of the Counsel for the petitioners, it is not known whether the petitioners have complied with the conditional interim order reproduced above or not. From the absence of the Counsel for the petitioners, it

CVNR, J & GSP, J WP.No.27174 of 2016 Dt: 30.08.2016 is reasonable to presume that they are not interested in pursuing their cause in the Writ Petition.

The Writ Petition is, accordingly, dismissed for nonprosecution. As a sequel to dismissal of the Writ Petition, WPMP.No.33657 of 2016, filed by the petitioners for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) _________________ (G.Shyam Prasad, J) Dt: 30th August, 2016 lur