M/S,Millennium Infra And Reality Projects Pvt., Ltd. v. State Bank Of India,

HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITON No. 42148 of 2018 O R D E R:

When the matter is taken up, Sri Satyanarayana, the learned counsel for the respondent Bank states that the impugned action has been taken by the Bank pursuant to the orders dated 21.08.2018 passed by this Court in WP Nos.1550 and 27792 of 2018. The relevant paragraphs at page Nos.5 and 6 of the said order read thus:

"We consider it appropriate, in such circumstances, to dispose of WP No.1550 of 2018 directing the Advocate Commissioner, appointed by the Chief Metropolitan Magistrate, Nampally, to take such police assistance as he may require to respondent-Bank within three (3) days from today. On such property being delivered to it, the respondent-Bank shall, in turn, deliver it to the auction-purchaser. Till SA No.306 of 2014 is finally heard and decided, the petitioner in WP No.1550 of 2018 (i.e., the auction purchaser) shall not alienate the subject property or create any third party rights thereupon. Needless to state, as recorded in the sale certificate itself, that sale of the subject property, and all proceedings consequent thereto, shall be subject to the result of SA No.306 of 2014. Since SA No.306 of 2014, filed by the petitioner in WP No.

27792 of 2018 is still pending before the DRT, and a similar relief sought for by them earlier in IA No.2417 of 2014 questioning the earlier e-auction notice was dismissed by the DRT on the ground that they had failed to comply with the earlier directions issued by the DRT in IA No.1540 of 2014 directing them to deposit Rs.70,00,000/- within fifteen days, we see no reason to grant any such relief in these writ proceedings, in exercise of our discretionary jurisdiction under Article 226 of the Constitution of India, more so, as despite repeated indulgence shown by the DRT, the petitioner failed to pay even a single rupee to the respondent-Bank pursuant to several orders passed by the DRT. WP No.27792 of 2018 fails and is, accordingly, dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand dismissed."

AVSS, J WP_42148_2018 22.11.2018 Having regard to the said order, the relief sought for in the present writ petition cannot be granted.

Accordingly, the writ petition is dismissed. No costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_________________ A.V.SESHA SAI, J 22ND November, 2018 Mjl/*