HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No. 7645 of 2014 Dated: 06.06.2014 Between:
G. Eswara Rao S/o.Late Sriramamurthy …..Petitioner And The Authorised Officer, Bank of Baroda, Patama, Vijayawada, Krishna District and two others.
....Respondents The Court made the following :
HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No. 7645 of 2014 ORDER : (per Hon'ble Sri Justice Ashutosh Mohunta) The petitioner challenged the auction notice dated 07.03.2014 by filing this writ petition.
2. This Court, by order, dated 14.03.2014, directed that auction may go on, but the same shall not be confirmed subject to the condition of petitioner depositing a sum of Rs.30 lakhs on or before 28.03.2014.
3. Learned counsel for the respondents submits that as the petitioner failed to deposit the aforementioned amount, the auction conducted on 07.03.2014 was confirmed and sale certificate has been issued in favour the auction purchaser, therefore, this writ petition has become infructuous.
4. Learned counsel for the petitioner submits that the petitioner may be permitted to pursue legal remedy before the Debt Recovery Appellate Tribunal, Calcutta.
5. In view of the fact that the auction has already been held on 07.03.2014 and also the same has been confirmed, this writ petition has become infructuous. However, the petitioner is at liberty to take legal remedy in accordance with law.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
7. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
ASHUTOSH MOHUNTA, J M. SATYANARAYANA MURTHY, J 6th June 2014.
mar