B.Krishan Singh v. The Corporation Bank,

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.16942 of 2017 ORDER: (per SK,J) This writ petition was filed assailing the e-auction sale notice dated 10.04.2017 issued by the Corporation Bank proposing to hold the sale of the secured assets on 18.05.2017.

By order dated 11.05.2017, this Court granted interim stay of all further proceedings pursuant to the impugned e-auction sale notice subject to the petitioners paying a sum of Rs.3,00,000/- within four weeks from that day.

Sri Kothapalli Ram Mohan Chowdary, learned counsel for the petitioners, fairly states that his clients failed to comply with the aforestated conditional order.

However, Smt.V.Dyumani, learned counsel for the first respondent bank, would inform this Court that by virtue of the interim order granted by this Court, the sale could not be held on 18.05.2017. In effect, the petitioners were successful in stalling the proposed auction though they failed to comply with the conditional order. Further, challenge to the e-auction sale notice dated 10.04.2017 no longer survives for consideration as it came to naught pursuant to the interim order granted by this Court.

The writ petition is accordingly dismissed on this short ground. It shall be open to the petitioners to avail appropriate remedies in accordance with law if and when a fresh cause of action arises. 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:26.07.2017 GJ