Bosukonda Radha Krishna v. A.P. Mahesh Co-Operative Urban Bank Ltd

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.20705 of 2018 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner in this case reads as under: "

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to issue an appropriate order, direction or writ more particularly one in the nature of Writ of Mandamus, declaring action of Respondents Nos.1 to 3 in proposing the auction the schedule property viz., building complex bearing Door No.8-24-7, 8-24-7/1 & 8-24-7/2, Subbarao Street, Gandhi Nagar, Kakinada, situate in an extent of 1341 Sq. yards belonging to M/s.B.Radha Krishna - HUF and the said building property comprising in all two buildings, having plinth area of 11,568 Sq. ft. approx. i.e., it comprises of two buildings admeasuring 4368 Sq. ft. - 2184 Sq. ft. each on ground and first floors and 7200 Sq. ft. - on ground and first floor etc., on 21.6.

2018 to be arbitrary, illegal and contrary to the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and being violative of Art.300A of the Constitution of India etc., and to pass such other order or orders as this Hon'ble Court deems fit and proper in the particulars facts and circumstances of this case." 2.

Sri Mettu Srinivas Reddy, learned counsel for the A.P. Mahesh Cooperative Urban Bank Limited, would inform this Court that the petitioner's loan account itself is settled and the bank did not proceed with the auction sale of his secured asset which was scheduled to be held on 19.07.2018.

3.

Recording the said statement, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ SANJAY KUMAR, J _________________________ T.AMARNATH GOUD, J Date: 24.07.2018 TJMR