THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE K.G.SHANKAR Writ Petition Nos.598 and 604 of 2011 COMMON ORDER (Per Sri Justice Ghulam Mohammed, J) Since both these writ petitions are filed seeking a Mandamus to declare the auction notice, dated 24.12.2010, issued by respondent No.1, as illegal and arbitrary, they are being disposed of together by this common order. 2. The brief facts are that the petitioners availed cash credit facility for a sum of Rs.14,50,000/- from the respondents-Bank, for the purpose of rice mill business, by mortgaging the property in question. As their accounts were classified as Non-performing Asset, the respondent-Bank issued notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’). Challenging the said notice, they filed W.P.Nos.21783 of 2007 and batch and the same was dismissed on 14.02.2008, granting liberty to them to make appropriate representation to the respondents- Bank seeking time to pay the amounts. The petitioners state that though they made representations, the respondents-Bank without disposing of the same, has issued notice, dated 10.12.2010, demanding them to pay a sum of Rs.13,16,404/- and Rs.9,91,121/- in respect of two accounts and also published the auction notice, dated 24.12.2010, in Hindu Newspaper to conduct auction of the properties in question on 28.01.2011. Hence, they filed the present writ petitions. 3 . Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents-Bank. 4. Learned counsel for the petitioners contended that as the petitioners have received the legal notice, dated 10.12.2010, only on 16.12.2010, the respondents-Bank without giving any opportunity to them, has published the auction notice, dated 24.12.2010, mentioning the date of auction as 28.01.2011. Thus, he prays to permit the petitioners to pay half of the demanded amount before the date of auction. 5. On the other hand, learned counsel for the respondents- Bank contended that though the Debts Recovery Tribunal, Hyderabad, granted sufficient time to the petitioners to pay the demanded amount, they have not complied with the same. He stated that the outstanding amount as on today is Rs.24,00,000/- and odd. 6. Taking into consideration the submission of the learned counsel for the petitioners that the petitioners are ready to pay half of the demanded amount before the date of auction, we deem it appropriate to stay the auction to be held on 28.01.2011, on condition of the petitioners paying a sum of Rs.12,00,000/- (Rupees twelve lakhs only) on or before 28.01.2011, and the balance amount shall be paid by them within a period of six weeks thereafter, in default, the respondents-Bank is at liberty to proceed with the auction in accordance with law. 7. With the above direction, both the Writ Petitions are disposed of. No costs. _____________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:24.01.2011. Note: Issue CC today. (Bo) sj