IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE : L.NARASIMHA REDDY WRIT PETITION NO : 22111 of 2007 Between: 1 Gollapudi Krishna Mohan, S/o. Late G.V.V.R Sitharamaiah, 2 Bysani Anantha Venkatesh, S/o. Srinivasulu, ..... Petitioners AND 1 Corporation Bank, Rep. by its Branch Manager, Sardar Patel Road, Besides St. Ann's School, Nehru Nagar, Secunderabad. 2 The Authorised Officer, Corporation Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, C/o. Zonal Office of the Corporation Bank, 5-9-88/18/88/2, Ist Floor, Sapphire Complex, P.B.No. 384, Chapel Road, 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 issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in canceling the auction sale held by the respondents’ bank on 23-12-2005 under Securitization Act in respect of the property covered by plot No. 29 part, eastern side, bearing H.No. 8-7- 114/8/29E, Goll Bowli, Hussaini Bagh, Old Bowenpally, Near R.R. Nagar Township, Secunderabad, inspite of the fact of paying the entire sale consideration by 30-9- 2006 itself without assigning any reason unilaterally as illegal, arbitrary, malafide, unjust and against the principles of natural justice and consequently direct the respondents to issue sale certificates to the Petitioners and to deliver the property to them; The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 12.10.2007 made in WPMP No.28662 of 2007 and dated 13.11.2007 and 04.12.2007 made herein and upon hearing the arguments of Sri K. Sarvabhouma Rao, Advocate for the Petitioners and of Smt. V. Dyumani, Advocate for the Respondents, the Court made the following ; ORDER : “Heard the learned counsel for the petitioner and the learned counsel for the respondents at length. The controversy is about the sale effected in favour of the petitioner herein by the bank. Correspondence ensued on account of lack of consensus between the parties. The registration of the document could not take place. The petitioner deposited entire amount of consideration. However, it was refunded by the bank. The interim order granted by this court was not continued beyond a period of time. -2- On hearing the parties, it emerges that the petitioner is entitled to get the property registered in his favour on as is where is basis subject to his depositing the entire consideration as well as registration charges. Post the writ petition for judgment on 3.12.2008. In the meanwhile, the petitioner shall remit the amount of Rs.16,51,000/- before that date. On receipt of the amount, the respondents shall inform the petitioner the amount to be deposited towards registration charges and stamp duty. The parties shall also agree upon a draft of sale deed and ascertain the amount of registration fee and stamp duty.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Branch Manager, Corporation Bank, Sardar Patel Road, Besides St. Ann's School, Nehru Nagar, Secunderabad. 2 The Authorised Officer, Corporation Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, C/o. Zonal Office of the Corporation Bank, 5-9-88/18/88/2, Ist Floor, Sapphire Complex, P.B.No. 384, Chapel Road, Hyderabad. 3 One spare copy. 4 Gollapudi Krishna Mohan, S/o. Late G.V.V.R Sitharamaiah, R/o H.No.11-2- 426/12/A, Bhavani Nagar, Mylargadda, Secunderabad. 5 Bysani Anantha Venkatesh, S/o. Srinivasulu, R/o H.No.12-11-1316, Boudhanagar, Secunderabad. 4 One CC to Sri K. Sarvabhouma Rao, Advocate. (OPUC) 5 One CC to Smt. V. Dyumani, Advocate. (OPUC) H.A. DRAFTED BY : H.A. DATED :25.11.08 APPROVED BY : HIGH COURT LNRJ DATED : 24-11-08 POST THE WRIT PETITION FOR JUDGMENT ON 3.12.2008. ORDER : WP NO.22111/07 DIRECTION