M/S. Devasani Satyanarayana Powerloom Unit v. Andhra Bank

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO WRIT PETITION NO.34117 OF 2015 O R D E R (per Hon'ble Sri Justice Sanjay Kumar) Sri Mukesh Sarma, learned counsel representing Sri T. Vijay Kumar, learned counsel for the petitioner, states that subsequent to the filing of this writ petition, the respondent bank issued a sale notice under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and that the same was challenged by way of an independent writ petition. This course of action seems to have been adopted by the respondent bank as the petitioner failed to comply with the conditional interim order dated 14.10.2015 passed in the writ petition.

In any event, as the petitioner is stated to have filed a fresh writ petition in relation to the subsequent sale notice issued by the respondent bank, the cause in this writ petition which is directed only against the possession notice dated 18.08.2015 would not survive independently for consideration on merits.

The writ petition is accordingly dismissed leaving all issues open to be adjudicated in the subsequent writ petition filed by the petitioner.

Interim order dated 14.10.2015 shall stand vacated. Pending miscellaneous petitions, if any, shall also stand dismissed.

No order as to costs.

______________________ SANJAY KUMAR, J ________________________ DR. B.SIVA SANKARA RAO, J Date: 23.06.2016

GJ