IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 19223 of 2008 Between: M.S.Rama Mohana Rao S/o.Venkta Subbarao R/o.2nd Ward,Avanigadda Krishna District ..... PETITIONER AND 1 The Authorised Officer,Indian Bank,circle office Vijayawada- 520016 2 The Indian Bank, Avanigadda Branch, Avanigadda- 521121,rep.by its Branch Manager, Krishna District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly in the nature of writ of Certiorari calling for the entire records relating to notice dated 4.8.2008 published in EENADU Telugu Daily , got issued under the provisions of the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002 and set aside the same for non following the mandatory provisions under the said Act to put the properties for auction and pass Counsel for the Petitioner:MR.SAI GANGADHAR CHAMARTY Counsel for the Respondent No.: MR.AMBADIPUDI SATYANARAYANA THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19223 of 2008 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed by the petitioner questioning the tender/auction notice issued under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’) and consequently to set aside the same. The petitioner is the absolute owner and possessor of the building bearing No.2/58 at Avanigadda and had leased the said premises to the second respondent-bank. The petitioner availed loan of Rs.2,80,000/- and committed default in payment of the said amount. Second respondent-bank filed O.S.No.296 of 1995 before the Senior Civil Judge, Avanigadda, against the petitioner and 10 others for recovery of an amount of Rs.6,38,000/- on the basis of a pronote dated 18.08.1990. The suit was decreed on 09.10.2000 and final decree was passed on 03.03.2006. Subsequently, the second respondent-bank, invoking the provisions of the Act, issued the impugned auction notice dated 04.08.2009, against which, the petitioner filed the present writ petition. Heard the learned counsel for the petitioner and the learned counsel for the second respondent-bank. This Court, by order dated 04.09.2008 in WPMP.No.25077 of 2008, stayed the auction subject to the condition of the petitioner depositing Rs.5,00,000/- on or before 18.09.2008 and further depositing a sum of Rs.5,00,000/- on or before 10.10.2008. It is brought to the notice of this Court that the order dated 04.09.2008 has not been complied with. Learned counsel for the second respondent-bank has produced a letter dated 09.06.2009 before this Court extending time for One Time Settlement. Since the order of this Court has not been complied with, we are not inclined to show any indulgence to the petitioner. But, however, the petitioner is at liberty to negotiate with the second respondent-bank as they have extended time for One Time Settlement. The writ petition fails and is accordingly dismissed. No order as to costs. __________________________ GHULAM MOHAMMED,J __________________________ VILAS V. AFZULPURKAR,J Dt:13.07.2009 usd