M/S. Sri Sai Milk Products, v. The Authorized Officer,

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION NO.8501 OF 2017

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) Sri Koneti Raja Reddy, learned counsel for the petitioner, seeks an adjournment. However, Ms. Pallavi, learned counsel representing Ms. Govindu Sudha Madhuri, learned counsel for the 1st respondent, would point out that the writ petition is rendered infructuous. We find merit in this submission as the prayer in this writ petition reads as under:

'For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus directing the 1st respondent bank not to proceed further against the petitioner under Section 13 of the SARFAESI Act till the end of June, 2017 by granting time to the writ petitioner to pay the loan amount by the end of June, 2017 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case.'

As the petitioner wanted time up till the end of June, 2017 to repay the loan amount due to Indian Overseas Bank and as the period stipulated by the petitioner itself has expired, cause in this writ petition does not survive for consideration on merits.

The writ petition is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ______________________ SANJAY KUMAR, J ________________________________ GUDISEVA SHYAM PRASAD, J 3rd JULY, 2017 Svv