Putti Phani Rajasekhar v. The Branch Manager,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE P.KESHAVA RAO WRI T PETI TI ON No.41683 OF 2017 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) This writ petition was instituted challenging the e-auction notice dated 31.10.2017 issued by the Sate Bank of India pursuant to which the bank proposed to auction the petitioner's properties on 08.12.2017 for realisation of its dues.

We are now informed by Sri M.Srikanth Reddy, learned counsel for the State Bank of India, that after filing this writ petition, the petitioner approached the Debts Recovery Tribunal, Visakhapatnam, under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, vide S.A.No.418 of 2017 and conditional interim protection was also granted by the said Tribunal on 19.12.2017.

In the light of the aforestated development, we are of the opinion that this writ petition does not deserve to be considered on merits as the petitioner has already invoked the statutory remedy available to him. The writ petition is accordingly dismissed on this short ground leaving all issues open.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________ SANJAY KUMAR,J _________________ P. KESHAVA RAO,J Date:18.01.2018 IBL