The Court dismissed a writ petition challenging a bank's auction of mortgaged properties because the appellant failed to comply with a previous court order requiring a partial deposit of demanded amount.
Writ petition dismissed; miscellaneous petitions if any shall stand closed.
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HON’BLE SRI JUSTICE N.V. RAMANA AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
W.P.No.18229 of 2013
Date: 10-07-2013
Between:
K. Sravanthi
… Appellant
And The Reserve Bank of India and another
… Respondents
HON’BLE SRI JUSTICE N.V. RAMANA AND
HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.18229 of 2013
JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana)
This writ petition is filed seeking to declare the action of respondent No.2-bank in conducting auction of the plots bearing Nos.19, 20, 21/part, 34/part, 35 and 36 in S.No.108 admeasuring 1000 square yards situated at Block No.13, Gokul Nagar Colony, Mallapur village, Uppal Mandal, Ranga Reddy District, and plot No.33 admeasuring 408.33 square yards situated in S.No.651 of Palacharla village, Rajanagarm Mandal, East Godvari District, as per its notice dated 07-05-2013 as illegal and arbitrary and for consequential directions.
2. The brief facts of the case are that the petitioner stood as guarantor for the loan obtained by one Sagar Infra Rail International Limited and mortgaged her properties stated above. Subsequently,
due to non-payment of the loan by the said company, respondent No.2-bank initiated security measures and ultimately issued salecum-auction notice on 07-05-2013, and conducted auction on 1106-2013 with regard to some of the mortgaged properties of the petitioner. Challenging the same, the petitioner filed this writ petition as stated above.
3. On 26-06-2013, this Court, while issuing notice before admission, granted stay of confirmation of sale for a period of two weeks subject to the condition of the petitioner depositing half of the demanded amount within one week from that day.
4. However, when the matter is taken up today, it is represented by the learned counsel for the petitioner that the petitioner has not deposited any amount and not complied with the order of this Court directing to deposit half of the demanded amount. In view of the same, we are not inclined to entertain this writ petition.
5. Accordingly, the writ petition is dismissed. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.
_______________ N.V. RAMANA, J
VILAS V. AFZULPURKAR, J
Date:10-07-2013 YCR
2 issues framed by the court
Whether to entertain the writ petition challenging the bank's auction of mortgaged properties when the appellant failed to comply with a stay condition?
Whether the failure to deposit the demanded amount justifies dismissal of the petition without merits?
K. Sravanthi
The Reserve Bank of India
Respondent No.2 Bank
N.V. Ramana
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
