IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C.BHANU WRIT PETITION NO : 27559 of 2009 Between: Ganta Nirmala Mathew ..... PETITIONER AND The Authorised Officer, Punjab National Bank, LIC Building, Visakhapatnam & 2 others. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 27559 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) On issuance of proceedings by the respondent-Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘Act’) for recovery of secured debt, petitioner-guarantor of the secured debt filed S.A.No.158 of 2009 before the Debts Recovery Tribunal, Visakhapatnam in which he also filed I.A.No.606 of 2009 for stay of sale notice, dated 15.9.2009. The Tribunal by order, dated 30.10.2009 after hearing the parties, stayed the auction on condition of petitioner depositing Rs.5.00 lakhs before commencement of auction on 31.10.2009 failing which, the bank was granted liberty to proceed with the proposed auction. Subsequent to the said order, on petitioner filing a petition to deposit a sum of Rs.50,000/- in the account on 31.10.2009, an order was passed extending time up to 6.11.2009 to deposit the remaining amount of Rs.4.50 lakhs and postponed the auction. Having failed to deposit the said amount, petitioner again filed I.A.No.634 of 2009 seeking extension of time for deposit of the amount and to stay the sale. The Tribunal by the impugned order, dated 23.11.2009 dismissed the I.A. and vacated the stay for non-compliance of its order. Questioning the correctness of the same, the present writ petition is filed. Admittedly, the Tribunal can pass the interim order staying the auction, and in fact, the Tribunal stayed the sale notice and proposed auction on condition of petitioner depositing a sum of Rs.5.00 lakhs. On petitioner filing I.A.No.634 of 2009, the tribunal by order, dated 30.11.2009 directed to postpone the auction by one week on payment of Rs.50,000/- by the petitioner before the auction and Rs.4.50 lakhs before 6.11.2009. In spite of granting extension of time by one more week, petitioner failed to comply with the said conditional order. Therefore, we do not se any manifest illegality in exercise of the jurisdiction by the Tribunal to be corrected by this Court by exercising the certiorari jurisdiction. The writ petition lacks merit and the same is accordingly dismissed at the threshold. No order as to costs. _________________ (A. GOPAL REDDY, J.) ______________ (K.C.BHANU, J.) DECEMBER 17, 2009 TSR