THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION NO :27664 of 2010 Dated: 31.10.2011 Between: 1. Arumalla Rajesekhar Reddy and others ..Petitioners And 1. The Authorized Officer, State Bank of India, Gudiwada and another. ..Respondents This Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION NO :27664 of 2011 ORDER: (Per Hon’ble Sri Justice N.V. Ramana) This writ petition is filed seeking to declare the action of the 1st respondent in issuing auction notice dated 7.7.2011 under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as illegal and arbitrary. The brief facts of the case are as follows: The petitioners availed loan from the 1st respondent-Bank and failed to make repayments. Hence, the 1st respondent-Bank initiated proceedings under the Act by issuing notices and paper publication. Hence, the petitioners filed an appeal before the Tribunal on 12.9.2011 along with an application to condone the delay in filing the appeal. The main grievance of the petitioners is that the delay condone application is pending before the Tribunal and in the meantime, the 1st respondent-Bank issued a letter dated 12.9.2011 intimating that they are going to publish the loan account number and properties mortgaged, along with their photos in leading newspapers. Hence, the present writ petition. Heard both the Counsel and perused the material available on record. The petitioners filed the above writ petition along with an application to suspend the operation of the action of the 1st respondent-Bank in issuing letter dated 12.9.2011 proposing to publish their photos in leading newspapers. On 7.10.2011, while ordering notice before admission, this Court passed the following order: “Pending further orders, there shall be interim stay, subject to the condition that the petitioners deposit half of the amount due as on today, with the 1st respondent-Bank, within a period of two weeks from today. It is also made clear that the appeal along with the application filed for condonation of delay filed before the Debts Recovery Tribunal, may be proceeded with in accordance with law.” Today, the learned Counsel for the writ petitioners submits that the Tribunal condoned the delay in filing the appeal and the appeal is pending adjudication before the Tribunal. He further submitted that the conditional order passed by this Court dated 7.10.2011 was not complied with. In view of the above submission, we feel that nothing survives for adjudication of this writ petition and hence, the same is liable to be dismissed. The writ petition is accordingly dismissed. Consequently, the interim stay granted on 7.10.2011 stands vacated. However, the petitioners are at liberty to file appropriate application before the Tribunal for necessary reliefs. No costs. __________________ Justice N.V. Ramana DATE: 31.10.2011 ____________________ Justice P. Durga Prasad nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD W.P.No.27664 of 2011 (Order delivered by the Hon’ble Sri Justice N.V. Ramana) 31.10.2011 Nn