IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE TWENTY FOURTH DAY OF SEPTEMBER, TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 17212 of 2008 Between: Smt. Siripurapu Mani D/o. Kannayya, Staff Nurse, K.G.H. Hospital, R/o. Plot No. 90, Chinnamushidivada, Pendurthy Mandal, Visakhapatnam, Visakhapatnam District. ..... Petitioner AND 1. The State Bank of India, Rep. by Authorised Officer, B.H.P.V. Branch, Visakhapatnam. 2. G. Harikrishnam Raju, H. No. 210, MIG – 1, 9th Phase, KPHB Colony, Hyderabad – 72. (Respondent No. 2 is impleaded as per Court order dated 4/3/2009 in WPMP. No.5629/2009) .....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 a writ, order or direction, more particularly one in the nature of writ of Certiorari, calling for the records pertaining to the orders dated 3.6.2008 in (SARFAESI) 729/2007 passed by the Debt Recovery Appellate Tribunal, Chennai, in confirming the order dated 12.10.2007 passed by the Debts Recovery Tribunal, Visakhapatnam, in I.A. No. 627/2007 in SA. No. (UN) and to quash the same as being, illegal, arbitrary, unjust and violative of Section 13(2), 13(4) of Securitisation & Reconstruction of Financial assets & Enforcement of Security Interest Act, 2002 and the Rules, made there under and consequently direct the Debts recovery Tribunal, Visakhapatnam, to entertain the appeal by condoning the delay of 150 days; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the orders of the High Court dated 17-09-2008 made herein and order dated 04- 03-2009 made in WVMP. No. 4124 of 2008 and upon hearing the arguments of Sri P. Rajasekhar, Advocate for the petitioner and of Sri M.Narender Reddy, Advocate on behalf of Respondent No.1, the Court made the following (Contd. 2. ) . 2 . ORDER: “Heard the learned counsel for the petitioner, learned standing counsel for the respondent Bank and the learned counsel for the auction purchaser. It is represented by the learned counsel for the petitioner that the petitioner has paid, in total, an amount of Rs. 5,86,000/- (Rupees five lakhs and eighty six thousand only), apart from that, he has deposited Rs. 1,80,000/- (Rupees one lakh and eight thousand only) towards interest so as to compensate the auction purchaser, who deposited the entire amount towards auction purchase. In the circumstances, we deem it appropriate to direct the respondent Bank to calculate the interest at 9% per annum on the amount deposited by the auction purchaser, out of the amount of Rs. 1,86,000/- deposited by the petitioner, so as to return back the amount deposited by the auction purchaser with compensation, including the incidental charges and furnish the details before this Court immediately after Dassera Vacation, 2009. Further, the respondent bank also to calculate the amount towards incidental charges incurred by it and furnish details thereof. Post immediately after Dassera Vacation, 2009.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Authorised Officer, State Bank of India, B.H.P.V. Branch, Visakhapatnam. 2. G. Harikrishnam Raju, H. No. 210, MIG – 1, 9th Phase, KPHB Colony, Hyderabad – 72. ( Addresses 1 & 2 BY RPAD) 3. One CC to Sri P. Rajasekhar, Advocate (OPUC) 4. One CC to Sri M. Narender Reddy, Advocate (OPUC) 5. Two spare copies. BV HIGH COURT GM.J & NRR.J DATED: 24-09-2009 NOTE: POST IMMEDIATELY AFTER DASSERA VACATION, 2009 ORDER W.P.NO. 17212 OF 2008 DIRECTION DRAFTED: BY BV DATED : 24-09-2009 HIGH COURT GM.J & NRR.J DATED: 24-09-2009 NOTE: POST IMMEDIATELY AFTER DASSERA VACATION, 2009 ORDER W.P.NO. 17212 OF 2008 DIRECTION