Sri Myadaboina Srinivas, v. State Bank Of India,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * W.P.No.17751 of 2015 Between:

Sri Myadaboina Srinivas .. Petitioner and State Bank of India and another .. Respondents DATE OF JUDGMENT PRONOUNCED: July 16, 2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA

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 their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA

WRIT PETITION No.17751 OF 2015 ORDER: (Per Hon'ble Sri Justice R. Subhash Reddy) This Writ Petition is filed seeking to set aside the impugned e-auction sale notice, dated 17.05.2015, fixing the date of auction of the property in question as 19.06.2015 under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

This Court, by order, dated 18.06.2015, while issuing notice before admission, granted interim stay on condition of petitioner depositing Rs.1,50,000/- within a period of one week from the date of that order, apart from observing that if the petitioner fails to deposit the aforesaid amount within the time stipulated, it is open to respondent No.1 - Bank to proceed with re-auction by issuing fresh auction notice.

When the matter is called, it is submitted by Sri B.S. Prasad, learned Standing Counsel appearing for respondent No.1 - Bank, that pursuant to the order, dated 18.06.2015, petitioner has not deposited the amount and as such, fresh auction notice was issued on 30.06.2015 notifying the date of auction of the property in question as 05.08.2015.

It is submitted by the learned counsel for petitioner

that in view of the fresh auction notice, dated 30.06.2015, the subject matter of this Writ Petition has become infructuous.

Recording the same, the Writ Petition is dismissed as infructuous. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. No costs. ______________________ R. SUBHASH REDDY, J ___________________________ A. SHANKAR NARAYANA, J July 16, 2015 MD