THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.2732 of 2007 Date:20.07.2010 Between: Shyam Sunder Vyas. ………..Petitioner. And GIC Housing Finance Limited, Chennai and others. ………Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.2732 of 2007 ORDER: This writ petition has been filed by the petitioner assailing the proceedings dated 1.2.2006 initiated by the respondents under the provisions of Securitisation and Reconstruction of Financial and Enforcement Security Interest Act, 2002 (for short the SARFAESI Act’). Rule nisi came to be issued on 13.2.2007. An interim direction has been given to the respondents not to take any coercive steps including dispossession of the petitioner from the premises bearing house No.4-4-10 to 17, Sikhwal Chambers, Mahankali Street, Secunderabad, pending further orders vide WPMP No.3505 of 2007. The respondents entered appearance and filed WVMP No.1856 of 2009 and also filed counter affidavit. It is stated in Para No.4 of the counter affidavit that the notice issued under Section 13 (2) of SARFAESI Act and thereby the writ petition does not survive. Para 4 of the counter affidavit, which reads as hereunder:- “Thereafter, the respondent Corporation, after considering the entire material on record, decided to withdraw the notice issued on 1.2.2006 and accordingly the Corporation withdrew the notice on 1.2.2006 and the same was communicated to the petitioner herein on 3.3.2009 (Annexure-R1). As the petitioner has failed to pay any amounts, he was further requested to pay the amount due as on 1.3.2009. In spite of the same, the petitioner never turned up and paid the amount. Under the guise of the interim orders of this Hon'ble Court, the petitioner is neither paying the amount due nor allowing the respondent corporation to proceed further. It is submitted that in pursuance of the withdrawal of the notice Under Section 13 (2) of SARFAESI Act, the cause of action does not survive in the Writ Petition. In view of the same, the interim orders dated 13.2.2007 passed by this Hon'ble Court are not vacated, the respondents would be put to irreparable loss and hardship.” Since the proceedings dated 1.2.2006 issued under Section 13 (2) of the Securitisation and Reconstruction of Financial and Enforcement Security Interest Act, 2002 have been withdrawn by the respondents, nothing scurvies for adjudication in this writ petition. Accordingly, the Writ Petition is dismissed as infructuous. No costs. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:20.7.2010 mrb