IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20614 of 2004 Between: Jupally Estates Pvt.Ltd., Incorporated under Companies Act, 1956, rep.by its Director Shri J.Srinivas Rao, S/o Late J.Sheshagiri Rao, R/o 2nd Floor, Jupally Arcade, ECIL X Roads, Hyderabad ..... PETITIONER AND 1 The Charminar Co-op Urban Bank Ltd., Rep. by its Chairman, Saifabad, Hyderabad 2 The Joint Registrar /OSD/FR 127, Charminar Co-op Urban Bank Ltd, 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 for the reasons setout in the affidavit accompanying this petition it prays that this Hon'ble Court be pleased to call for the records connected with sale notification in E.P.No.148 of 2001 dated 28-09-2004, in Form No.8 and 9 passed by the Joint Registrar/OSD. i.e. respondent No.2 and quash the same by issuing a Writ, Order or Direction preferably one in the nature of Writ of Mandamus and to direct the respondents herein to finalise application of the petitioner herein under O.T.S.Scheme and pass such other orders as this Hon'ble Court may be deems fit and proper in the circumstances of the case and allow the writ petition with cost. Counsel for the Petitioner: MR.K.MAHIPATHI RAO Counsel for the Respondents: Mr. Nooty Rama Mohan Rao The Court at the admission stage made the following : ORDER: This writ petition is filed challenging the sale notice dated 28-09-2004 issued by the 2nd respondent in E.P.No.148 of 2001, under which the property belonging to the petitioner is proposed to be sold on 11-11-2004. It is not in dispute that the petitioner Company availed a loan of Rs.99,50,000/- from the first respondent Bank and in view of the default committed in repayment, an Award was passed on 30-12- 2000 under the provisions of the A.P. Co-operative Societies Act for recovery of Rs.1,06,86,444/-. It appears that an Appeal preferred by the petitioner against the said Award is pending. In the meanwhile, the petitioner opted for One Time Settlement (OTS) Scheme and while the application made by the petitioner under the said Scheme was pending, the respondents initiated proceedings for execution of the Award dated 30-12-2000 and the petitioner’s properties were brought to sale. In the circumstances, the petitioner filed W.P.No.6853 of 2004 in which this Court by order dated 12-04-2004 while directing the 1st respondent to pass appropriate orders on the application made by the petitioner under One Time Settlement Scheme determining the amount of liability payable under the said scheme and directing the petitioner to pay the same, ordered that until disposal of the said application the respondents shall not proceed with the execution of the award. The only contention raised by the petitioner in this writ petition is that since no such determination has been made so far, the respondents are not justified in initiating fresh sale proceedings under the impugned notification. When the matter is taken up for consideration, Sri.N.Ram Mohan Rao, learned Standing Counsel appearing for the 1st respondent-Bank, under instructions states that so far no orders have been passed on the application made by the petitioner and therefore the first respondent is not proceeding with the proposed sale. In the circumstances, recording the statement of the learned Standing Counsel and setting aside the impugned notices of sale issued in Form No.8 and Form No.9 dated 28-09-2004, the Writ Petition is disposed of leaving it open to the 1st respondent to initiate fresh proceedings after determining the amount of liability payable by the petitioner in terms of the orders of this Court in W.P.No.6853 of 2004. Accordingly, the writ petition is disposed of. No costs. __________ 10-11-2004 Note: Issue C.C by tomorrow. B/o. vs To 1. The Chairman, The Charminar Co-op Urban Bank Ltd., Saifabad, Hyderabad 2 The Joint Registrar /OSD/FR 127, Charminar Co-op Urban Bank Ltd, Hyderabad 3 2 CD copies.