M.Manohar Reddy, v. The State Bank Of India, State Bank Building,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * WRIT PETITION No. 30575 of 2015 BETWEEN M.Manohar Reddy ... PETITIONER AND The State Bank of India, State Bank Building, Visakhapatnam.
...RESPONDENT Date of Order pronounced: 18.09.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR
1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?
3. Whether his Lordship wish to see the Yes/No fair copy of the Judgment?
ORDER:- Though the petitioner's civil suit viz., O.S.No.41 of 2015 filed before the
Principal Junior Civil Judge, Visakhapatnam was stated to have been dismissed for default, the present writ petition is filed only on account of the auction notice issued by the respondent-Bank proposing to conduct auction on 23.09.2015.
2. Heard learned counsel for the petitioner and Mr.B.S.Prasad, learned standing counsel for the respondent-Bank.
3. Learned counsel for the petitioner did not press on merits of the claim, but made a request for payment of the amount due in two instlaments viz., one before the date of auction and for payment of the balance amount, he requests some more time.
4. Learned standing counsel for the Bank states that the petitioner has to pay total amount of about Rs.5,00,000/-.
5. Hence, the writ petition is disposed of giving liberty to the petitioner to pay/deposit a sum of Rs.2,50,000/.- (Rupees two lakhs fifty thousand only) with the respondent-Bank on or before 22.09.2015. On compliance of such deposit, the auction proposed to be conducted on 23.09.2015 shall not be held so far as petitioner's car bearing No.AP 31 CG 0005, subject to the further condition that petitioner deposits the balance outstanding loan amount within six weeks from the date of first payment, as above. In default of petitioner complying with any of the conditions, as above, respondent Bank shall be free to proceed to recover the amount in accordance with law including by conducting auction. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J September 18, 2015 Note:- Furnish copy by 22.09.2015.
{B/o} LMV