M/S J H Bio Tech v. State Bank Of India

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE GUDI SEVA SHYAM PRASAD WRI T PETI TI ON No.18835 of 2015 ORDER: (per SK,J) This writ petition was filed assailing the auction sale notice dated 22.06.2015 issued by the State Bank of India whereunder the auction of the secured asset was proposed to be held on 26.06.2015. It is now stated by Sri M.Srikanth Reddy, learned counsel for the first respondent bank, that the auction sale proposed to be conducted on 26.06.2015 did not materialise for want of bidders. He further states that the conditional interim order dated 25.06.2015 passed by this Court was not complied with by the petitioner.

As the challenge in the writ petition was only to the auction sale notice dated 22.06.2015, which came to naught as no sale took place pursuant thereto, we are not inclined to adjudicate the writ petition on merits.

The writ petition is accordingly dismissed leaving it open to the petitioner to invoke appropriate remedies in accordance with law, in the event a fresh cause of action arises. All issues are left open. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR _____________________________ JUSTI CE GUDI SEVA SHYAM PRASAD Date:14.06.2017 GJ