THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HONOURABLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.13289 of 2011 ORDER: (Per the Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking to issue a writ of Mandamus declaring the auction-cum-sale notice issued by the respondent vide F/SN-AN/1480, dated 24.03.2011, under Section 13 (4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short ‘the Act’) for conducting auction of the petitioner’s house property bearing Flat No.203, II floor, Vishnu Nilayam, Plot no.106, Sy.No.87 (part), situated at Medchal Village, Ranga Reddy District, as illegal and arbitrary. The petitioner availed house-building loan from the respondent-bank. As he committed default in payment of the loan instalments, the notice under Section 13(4) of the Act was issued to him by the respondent-bank. Aggrieved by the same, the petitioner filed the writ petition. Having heard the learned counsel on record, this Court, while admitting the writ petition on 29.04.2011, passed the interim order, which is as hereunder: - “There shall be interim stay of all further proceedings on condition that the petitioner paying five lakh rupees within a period of four weeks from today, failing to comply with the same, the bank is at liberty to proceed with the matter in accordance with law.” Today, when the matter is taken up, it is represented by the learned counsel for the respondent-bank that the said interim order passed by this Court is not complied with by the petitioner. In view of the said representation made by the learned counsel for the respondent-bank and as per the conditional interim order passed by this Court earlier on 29.04.2011, we do not find any ground to entertain the writ petition and the same is liable to be dismissed. In the result, the writ petition is dismissed. There shall be no order as to costs. _____________________________ JUSTICE GHULAM MOHAMMED ______________________ JUSTICE K.G.SHANKAR 07th July 2011 DR