Tummala Mohan Das, Hyd v. Authorized Officer, Indian Bank, Hyd And 2 Others

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE MS. JUSTI CE J.UMA DEVI WRI T PETI TI ON NO.36163 of 2017 ORDER: (per SK,J) The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is 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 to declare the action of the respondents as illegal and arbitrary in initiating proceedings for recovery of the amounts due from the petitioner herein and taking steps for recovering the same pending one time settlement application dated 15.09.2017 and taking steps for auctioning the property in R.S.No.136 and 138 in O.A.No.188 of 2013 of Mudunuru Village to the extent of Acs.6.54 cents as no notice is issued on the petitioner herein in R.S.No.

136 and 138 in O.A.No.188 of 2013 before the Debts Recovery Tribunal, Visakhapatnam, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.' The Branch Manager, Indian Bank, Vuyyur, filed a counter affidavit stating that the bank was agreeable to the compromise offer amount of Rs.46,00,000/- made by the petitioner provided he deposited half of the said amount by 15.12.2017 and the balance by 31.12.2017. In the light of the offer made by the bank, it is for the petitioner to take action thereon.

Leaving it open to the petitioner to do so, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

________________ SANJAY KUMAR,J _____________ J.UMA DEVI ,J Date:07.12.2017 GJ