IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20635 of 2008 Between: Sriram Bujji Babu S/o. Krishna Murthy Health Scribe India (P) Ltd., One Health Subscribe Plaza, Koramangala, Block-8, Bangalore, Karnakata. ..... PETITIONER AND 1 The Debts Recovery Tribunal, Visakhapatnam Bench, rep. by its Registrar. 2 Indian Overseas Bank, rep. by its Authorised Officer, Kotapeta, Guntur. 3 M/s. Ranga Enterprises, Rep. by its Managing Partner, Guntupalli Ramalingeshwara Rao, Cotton Association Building, Laxmipuram Main Road, Guntur. .....RESPONDENTS 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 one in the nature of writ of Certiorari calling for the records pertaining to order of the 1st respondent dated 05.09.2008 made in S.A.No.21/2005 in dismissing the application ﬁled by me under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and in up holding the auction conducted on 24.09.2004 as arbitrary, illegal, non- application of mind to the relevant material available on record, violative of the procedure contemplated under the said Act and the Rules made there under, violative of the Fundamental Rights guaranteed to me under Articles 14 & 19, the Constitution of India apart from being violative of the procedure contemplated under the Recovery of Debts due to Banks and Financial Act 1993 and the Debt Recovery Tribunal (Procedure) Rules 1993 and consequently set aside the auction dated 24.09.2004 and the impugned order in the above writ petition. Counsel for the Petitioner : MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.2 : MR. B.PREMNATH Counsel for Respondent Nos.1 & 3 : NONE APPEARED The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20635 of 2008 ORDER : (Per Hon’ble Sri Anil R.Dave, CJ) Looking to the peculiar facts of the case, learned advocate appearing for the petitioner is not pressing this petition. He has submitted that O.S.No.551 of 2004, which is pending in the Court of Principal Senior Civil Judge, Guntur, pertains to partition of the property, which is subject matter of this petition. The learned advocate appearing for the petitioner has prayed that some direction be given to the learned Principal Senior Civil Judge, Guntur, hearing the aforesaid suit, to decide the said suit at an early date, so that all issues can be resolved at an early date. The learned advocate appearing for the respondent- Bank has submitted that no such prayer has been made in this writ petition, however, he has fairly submitted that the respondent-Bank shall extend its cooperation so that the suit can be finally decided at an early date. We are sure that the parties to the suit shall extend their cooperation to the learned Principal Senior Civil Judge, Guntur, so as to enable him to decide the suit at an early date. Accordingly, the writ petition stands disposed of as withdrawn. _________________ ANIL R. DAVE, CJ 23rd September 2008 ______________________ N.B: R. SUBHASH REDDY, J A copy of this order be sent to the learned Principal Senior Civil Judge, Guntur, for information. (b/o) ajr