IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE: V.ESWARAIAH AND THE HON’BLE SRI JUSTICE: VILAS V.AFZULPURKAR WRIT PETITION NO. 26508 of 2008 Between: 1. M/s. Guru Times, rep. by its Proprietor Smt. V.Lalitha Ram, W/o. Ram Prasad 2. Lalitha Ram, W/o. Ram Prasad. ..... Petitioners AND 1. M/s. Canara Bank Limited, Balanagar Branch, Hyderabad, rep. by its Chief Manager. 2. Authorised Officer under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, M/s. Canara Bank Limited, Hyderabad. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an Order, Direction or Writ more particularly one in the “Writ of Certiorari” call for all the record relating to and connected with the order in Miscellaneous Application No. 147 of 2008 in SA.No. 320 of 2008 dated. 28-11-2008 on the file of the Learned Debts Recovery Tribunal, Hyderabad and set aside the same and may be pleased to remand the matter to the Hon’ble Tribunal for hearing the same after giving the petitioner an effective opportunity to contest the same. The Petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated. 03-12-2008 made herein and upon hearing the arguments of Sri Deepak Bhattacharjee, learned counsel for the Respondents No.1 and of Sri Siva, Advocate for the Petitioners, being not present, the Court made the following ORDER: “ None appears for the petitioners. Mr. Deepak Bhattacharjee, learned counsel appearing for the first respondent- bank submits that the conditional interim order passed by this Court on 03-12-2008 directing the petitioners to pay a sum of Rs. 25 lakhs within three weeks from 03-12- 2008 has not been complied with and therefore, as per the said order the interim stay granted automatically stood vacated. He further submits that the bank is also taking steps to auction the properties as per the auction notice. ..2.. It is stated that the petitioners have also filed applications for settlement under one time settlement scheme. We are not concerned with the said applications as it is for the bank and the respondents to take appropriate action. Insofar as the interim order is concerned as per the conditional order, the interim stay granted on 03-12-2008 stands vacated. Post Writ Petition ‘For Dismissal’ on 22-01-2009.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Chief Manager, M/s. Canara Bank Limited, Balanagar Branch, Hyderabad. 2. The Authorised Officer under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, M/s. Canara Bank Limited, Hyderabad. 3. One CC to Sri Siva, Advocate (OPUC) 4. Two spare copies. SAH HIGH COURT VEJ & VVAJ DATED: 20-01-2009 NOTE: POST WRIT PETITION ‘FOR DISMISSAL’ ON 22-01-2009 ORDER WP.NO. 26508 OF 2008 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 20-01-2009 HIGH COURT VEJ & VVAJ DATED: 20-01-2009 NOTE: POST WRIT PETITION ‘FOR DISMISSAL’ ON 22-01-2009 ORDER WP.NO. 26508 OF 2008 DIRECTION