THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION NO :27006 of 2011 Dated: 14.11.2011 Between: 1. Adireddy Rama Krishna and another. ..Petitioners And 1. A.P. State Financial Corporation rep., by its Authorized Signatory and another. ..Respondents This Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD W.P.No.27006 of 2011 ORDER: (Per Hon’ble Sri Justice N.V. Ramana) Challenging the auction notice dated 23.8.2011 issued in respect of shop D.Nos.3-42 and 3-42/1 of Anakapalli Road, Sabbavaram (V) & (M), Visakhapatnam District, the petitioners filed this writ petition. It is the case of the petitioners that they availed loan of Rs.30,00,000/- from the respondent-Bank by creating equitable mortgage over commercial shop bearing Nos.3-42 and 3-42/1 situated at Anakapalli Road, Sabbavaram, Visakhapatnam District, and that as there were some instalments due to be paid to the Bank, the 1st respondent issued notices under Sections 13(2) & (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and thereafter, though the petitioners made some payments, the 1st respondent issued sale notice under Section 8(6) of the Act and hence, the petitioners filed appeals in S.A.Nos.110 & 115 of 2010 before the Debt Recovery Tribunal, Visakhapatnam and obtained interim stay, but however, as there was no representation on their behalf on 19.8.2011, both the appeals were dismissed for default and consequently, the 1st respondent issued common sale notice. Hence, the present writ petition. On 27.9.2011, while admitting the writ petition, this Court granted interim stay of al further proceedings of the auction notice Dt.23.8.2011 for the property bearing shop D.No.3-42 and 3-42/1 of Anakapalli Road, Sabbavaram (V) & (M), Visakhapatnam District, subject to the condition of the petitioners depositing half of the demanded amount viz., Rs.14.23 lakhs within a period of five weeks from that day. Subsequently, as there was no representation on behalf of the petitioners, the matter was directed to be listed under the caption of “for dismissal”. Today, it is brought to the notice of this Court that the interim order has not been complied with. In view of the non-compliance of the conditional order passed by this Court, we are not inclined to entertain this writ petition. Accordingly, the writ petition is dismissed. No order as to costs. __________________ Justice N.V. Ramana DATE: 14.11.2011 ____________________ Justice P. Durga Prasad nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD W.P.No.27006 of 2011 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 14.11.2011 Nn