HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON’BLE SRI JUSTICE P. DURGA PRASAD W.P. No. 23990 of 2010 DATED: 25.08.2011 Between: Kallam Ratna Prabhakara Reddy .. Petitioner And 1. Vijaya Bank, Guntur, rep. by its Chief Manager 2. The Chief Judicial Magistrate-cum-Prl. Asst. Sessions Judge, Guntur .. Respondents O R D E R :- (Per Hon’ble Sri Justice Ashutosh Mohunta) It is asserted that the petitioner and another obtained loan of Rs.25,00,000/- from the 1st respondent-Vijaya Bank under overdraft credit facility by offering the 1st petitioner’s immovable house property as security to the loan and created equitable mortgage over the property. As the petitioner is unable to repay the loan amount, the 1st respondent filed Crl.M.P.No.115 of 2010 under the provisions of SARFAESI Act, and the 2nd respondent, by order dated 03.09.2010, while appointing an Advocate Commissioner, directed him to take physical possession of the schedule property and handover the same to the authorized person of the respondent-Bank. Now, the grievance of the petitioner is that the Branch Manager of the 1st respondent-Bank and the Advocate Commissioner came to him on 24.09.2010 and asked him to vacate the house and handover the possession of the same to them. Hence, the petitioner has field the present writ petition seeking to quash the order dated 03.09.2010 passed in Crl.M.P.No.115 of 2010. This Court, on 28.09.2010, while admitting the writ petition, ordered interim suspension of the order dated 03.09.2010 subject to the condition that the petitioner deposits an amount of Rs.12.50 lakhs within a period of eight weeks from the date of that order. The learned counsel for the petitioner has submitted that in pursuance of the order dated 28.09.2010 passed by this Court, the petitioner deposited a sum of Rs.11,25,000/-, and now he is ready and willing to deposit the entire outstanding amount in addition to the sum of Rs.1,25,000/- which he did not deposit in pursuance of the order dated 28.09.2010, within a period of three months. Having heard the learned counsel for the petitioner, the learned counsel for the 1st respondent-Vijaya Bank and perused the material placed on record, we deem it appropriate to dispose of the writ petition with the following directions: “The petitioner is directed to deposit the entire outstanding amount with the 1st respondent-Vijaya Bank, within a period of three months from the date of receipt of a copy of this order, failing which the 1st respondent would be at liberty to take action in accordance with law.” Accordingly, the writ petition is disposed of. No order as to costs. _____________________ ASHUTOSH MOHUNTA, J 25.08.2011 ___________________ P. DURGA PRASAD, J bcj