M/S. Shivani Oil Traders v. Bank Of India,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION No.21479 OF 2016 DATED: 13-10-2016 M/s. Shivani Oil Traders, Rep. by its Managing Partner, K. Srikanth, S/o. Sri Bhimanappa, 15-2-460, Kishan Gunj, Hyderabad.
--- Petitioner.
And Bank of India, Recovery Department, Rep. by its Authorized Officer, 10-1-1199/2, PTI Building, II Floor, A.C. Guards, Hyderabad.
--- Respondent.
Counsel for the petitioner :
Mr. B.S. Prasad.
Counsel for the respondent :
Mrs. T. Vidya Rani.
This Court made the following:
CVNR, J & GSP, J WP No.21479/2016 ORDER: (Per Hon'ble Sri Justice C.V. Nagarjuna Reddy) This Writ Petition is filed for the following substantive relief: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents herein with regard to publication of E-Auction Sale Notice dated 07.06.2016 in Sakshi Telugu Daily News Paper, Hyderabad Edition and Times of India, English Daily News Paper both published on 07.06.2016, fixing the auction on 08.07.
2016 issued by the respondent herein under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Rules made therein in respect of Secured assets and to declare the impugned action as illegal, arbitrary and in violative of provisions contained in Articles, 14, 21 and 300-A of the Constitution of India and also violation of principles of natural justice and consequently to set aside the E-Auction Sale Notice dated 07.06.2016 fixing the auction on 08.07.2016, as illegal, arbitrary and in violative of provisions contained in Articles 14, 21 and 300-A of the Constitution of India and also violation of principles of natural justice."
At the hearing, Mr. Maruthi Jadhav, learned counsel, representing Mr. B.S. Prasad, learned counsel for the petitioner, requested for permission of the Court to withdraw the Writ Petition. Accordingly, the Writ Petition is dismissed as withdrawn. As a sequel to dismissal of the Writ Petition, the interim order, dated 01.07.2016, shall stand vacated and W.P.M.P. No.26369 of 2016 is dismissed.
________________________ C.V. NAGARJUNA REDDY, J ________________________ G. SHYAM PRASAD, J Date: 13-10-2016.
Dsh
CVNR, J & GSP, J WP No.21479/2016 THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD 18102016 WRIT PETITION No.21479 OF 2016 (Order of the Division Bench delivered by Hon'ble Sri Justice C.V. Nagarjuna Reddy) Date. 13-10-2016 DSH