M. Rama Gopal v. State Bank Of Hyderabad Gunfoundry,Hyderabad

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G.SHYAM PRASAD Writ Petition No.19178 of 2016 Dated 31st August, 2016 Between:

M.Rama Gopal .....Petitioner And State Bank of Hyderabad, Gunfoundry, Hyderabad, rep.by its General Manager and others .....Respondents Counsel for the petitioner: Sri T.V.S.Prabhakar Rao Counsel for the Respondents: --- The Court made the following:

CVNR, J & GSP, J W.P.No.19178 of 2016 THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G.SHYAM PRASAD Writ Petition No.19178 of 2016 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for the following substantive relief: " ...to issue writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to conduct auction of the mortgaged properties mentioned in E-Auction-cum-Sale notice dt.16-5-2016 issued by the 2nd respondent without considering the request to grant time to pay the outstanding amount on or before 31-09-2016 in terms of the One Time Settlement (OTS) proposal or release the title deeds of the 3 items mentioned in the letter dt.06-04-2016 on deposit of Rs.1.0 Crore and the balance of Rs.4.

55 Crores including late interest before 30-09-2016 as illegal, arbitrary and violative of principles of natural justice c onsequently directing the respondents to postpone the auction for a period of three months to enable the petitioners to pay the amount as agreed under OTS."

At the hearing, Sri T.V.S.Prabhakar Rao, learned counsel for the petitioner, submitted that the cause in the writ petition does not survive for adjudication.

Accordingly, the writ petition is dismissed as infructuous. As a sequel to dismissal of the writ petition, WP.MP.No.23518 of 2016 shall stand disposed of as infructuous. C.V.NAGARJUNA REDDY, J G.SHYAM PRASAD, J 31st August, 2016 VGB