THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CC No.1069 of 2010 ORDER : ( per Hon’ble Sri Justice Nooty Ramamohana Rao, J ) Earlier the petitioner filed the writ petition assailing the action of the respondent-bank in bringing the property in question to sale without issuing proper notice to her, under the provisions of the SARFAESI Act. Entertaining the said writ petition, on 2-9-2009 we have disposed of the writ petition, the operative portion thereof at para (7) reads thus:- “7. Hence, the writ petition is allowed. The petitioner-borrower is directed to pay the incidental charges and the legal expenses incurred by the respondent-bank towards auction sale and interest at 9 % per annum on the amount paid by the 3rd respondent towards auction purchase, to the respondent-bank, within a period of 30 days. On such, deposit being made by the petitioner-borrower, the respondent-bank shall re-deliver possession of the house to the petitioner and shall also return the title deeds pertaining to the house through registered post to her. In default, this order does not in any way come in taking legal action by the respondent-bank. No costs.” 2. Subsequently, the petitioner-borrower has moved an interlocutory application seeking extension of time fixed in the order dated 2-9-2009. Entertaining the said WPMP No.33187 of 2009, by order dated 5-2-2010 we have passed order extending time by further two weeks, from the said date, for compliance of the directions dated 2-9-2009 passed in WP No.13918 of 2009. It is now represented that pursuant to the order dated 5-2-2010, the petitioner- borrower has deposited the amounts with the respondent-bank. Sri A. Krishnam Raju, learned counsel for the respondent-bank would submit that in the interregnum period, the respondent-bank has confirmed the sale in favour of the auction purchaser and also issued sale certificate. 3. In view of the subsequent order dated 5-2-2010, extending time to the petitioner-borrower for payment of the amount due and payable to the bank, the respondent-bank should be granted permission to cancel the sale certificate by paying the amounts to the auction purchaser within 30 days time from the date of cancellation of the sale certificate. The sale certificate/registered deed no.3305 of 2009, dated 16-11-2009, SRO Ponnur, should also be cancelled appropriately. The respondent bank will finalize the expenditure incurred inducing the legal and other incidental expenses in this regard and intimate the same to the petitioner- borrower who will pay the same within 30 days from the date of receipt of the intimation from the respondent-bank. It is needless to reiterate that while passing orders on 2-9-2009 in the writ petition, we directed the petitioner to pay interest at 9% per annum on the amounts deposited by the auction purchaser. Therefore, the respondent-bank shall calculate the interest payable to the auction purchaser from the date of deposits of amounts by him at the rate of 9 % per annum and intimate the same to the petitioner-borrower, who in turn shall pay to the bank within 30 days from the date of receipt of the intimation. 4. In the light of the above directions, we do not consider necessary to keep the contempt case pending and, therefore, the contempt case is accordingly disposed of. No order as to costs. ___________________________ Ghulam Mohammed, J ____________________________ Nooty Ramamohana Rao,J Dated :1-4-2011 Nrg.