A writ petition challenging a possession notice issued under the SARFAESI Act was dismissed by this Court for non-prosecution as the petitioner failed to comply with the condition of depositing an interim security amount and had no representation.
Writ petition dismissed for non-prosecution. Pending miscellaneous petitions stood closed.
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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
AND
THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA
WRIT PETITION No.27609 of 2015
ORDER: (Per Hon’ble Sri Justice R.Subhash Reddy)
This writ petition is filed with the prayer, which reads as under:
On 28.08.2015, this Court, while issuing notice before admission, granted interim order on condition of the petitioner depositing Rs.2,50,000/-.
When the matter was called on 05.10.2015, there was no representation for the petitioner. Even on 29.10.2015, as there was no representation for the petitioner, the matter was directed to be posted on 30.10.2015 under the caption “for dismissal”. Subsequently, when the matter was listed on 30.10.2015, it was represented that the counsel for the petitioner was not well and, therefore, the matter was adjourned.
Today also there is no representation for the petitioner and it is submitted by learned counsel for the respondent – Bank that the petitioner has not complied with the condition imposed in the order dated 28.08.2015. It appears the petitioner is not interested in pursuing the matter.
Accordingly, the writ petition is dismissed for non-prosecution. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
JUSTICE R.SUBHASH REDDY
JUSTICE A.SHANKAR NARAYANA
07.12.2015
v v
2 provisions across 2 enactments
Petitioner
Bank
R.Subhash Reddy
A.Shankar Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
