M/S Sasanka Infra Projects Private Limited, v. M/S Icici Bank Limited,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON NO.41154 OF 2017 ORDER: (per SK,J) The prayer of the petitioners 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the impugned docket order dt.29-11-2017 passed in SAIR No. 326/2017 on the file of the Debts Recovery Tribunal-II at Hyderabad granting stay of all further proceedings pursuant to Possession Notice dt. 5-1-2017 by imposing a condition to deposit Rs.30.00 lakhs in two instalments as being illegal arbitrary and unconstitutional and consequently set aside the same and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.'

Sri Gajanand Chakravarthy, learned counsel for the petitioners, would however submit that in terms of the docket order dated 29.11.2017, which is under challenge presently, the petitioners made the deposits within the time stipulations as set out therein. Learned counsel would therefore submit that his clients do not wish to press this writ petition.

Recording the said submission, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_______________ SANJAY KUMAR,J ______________ M.GANGA RAO,J Date:27.02.2018 GJ