V.V.R. Housing India Pvt. Ltd, Plot v. Syndicate Bank, Head Office

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION NO.10434 OF 2016

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) This writ petition was filed assailing the e-auction sale notice dated 12.02.2016 issued by Syndicate Bank proposing to hold the auction sale on 31.03.2016.

Pursuant to the interim order granted by this Court, the petitioner is stated to have deposited Rs.15,00,000/-. Subject to such deposit, the bank was directed not to confirm the sale in favour of the best bidder. While so, it is now stated by Sri A.Krishnam Raju, learned counsel for Syndicate Bank, that the sale proposed to be held on 31.03.2016 did not materialize for want of bidders.

That being so, the challenge in this writ petition to the sale notice dated 12.02.2016 is rendered purely academic and does not warrant consideration on merits. The amount deposited by the petitioner pursuant to the interim order passed by this Court shall be appropriated by Syndicate Bank towards the outstanding dues in the subject loan account. The writ petition is accordingly dismissed leaving all issues open. The petitioner is at liberty to avail appropriate remedies in accordance with law if and as and when a fresh cause of action arises. Pending miscellaneous petitions, if any, shall also stand dismissed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J ________________________________ GUDISEVA SHYAM PRASAD, J 14th JUNE, 2017 Svv