M/S. Siva Priya Pulverisers, v. State Bank Of India,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE GUDI SEVA SHYAM PRASAD WRI T PETI TI ON No. 8410 of 2016 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) This writ petition was filed assailing the sale notice dated 24.02.2016 issued by the State Bank of India proposing to conduct the auction of the scheduled assets on 28.03.2016. By order dated 22.03.2016, this Court granted stay of all further proceedings for a period of four weeks. This order was granted on this Court finding favour with the statement of the learned counsel for the petitioner that the sale notice reflected the outstanding liability incorrectly. However, the prayer of the petitioner was only directed against the impugned sale notice and no more.

That being so, as this Court granted stay of the auction proposed to be held on 28.03.2016, the impugned notice works itself out. If the Bank now proposes to hold a fresh sale, it would necessarily have to issue a fresh notice.

Leaving it open to the petitioner to raise his grievance, if any, in the event such a sale notice is issued, the writ petition is dismissed. Interim order dated 22.03.2016 shall stand vacated. Pending Miscellaneous Petitions shall also stand dismissed. No order as to costs.

____________________________ JUSTI CE SANJAY KUMAR Date: 29.06.2017 _________________________________ JUSTI CE GUDI SEVA SHYAM PRASAD va