IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 2128 of 2009 BETWEEN: M/s Sibar Auto Parts Limited, Registered Office: Plot Nos. D-4 and D-5, Industrial Estate, Renigunta Road, Tirupathi- 517 506 Rep by its Director Mr.K. Subbaiah. ... PETITIONER AND 1 Central Bank of India, Asset Recovery Cell, Regional Office, 1st Floor, Central Bank Building, Bank Street, Hyderabad. Rep by its Authorized Officer, 2 Debts Recovery Tribunal, 5th Floor, Triveni Complex, Abids, Hyderabad, Rep by its Presiding Officer. ...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 Order dated 05.02.2009 in I.A.No.94/2009 in S.A.No.328/2008 passed by the 2nd respondent in respect of Auction Notice dated 06-01-2009 issued in terms of the provisions of the Securitization Act, 2002 while slating the auction of Petition Schedule Properties on 07-02-2009 as being arbitrary, illegal, onerous and discriminatory and is a clear violation of our fundamental rights guaranteed under the Articles 14, 19 & 21 and of Articles 300A of the Consequently set aside the Order dated 05-02-2009 along with the Auction Notice dated 06-01- 2009 and with the preceding Possession Notice dated 07-11-2008 and Demand Notice dated 17-09-2008 and pass such other order or orders. Counsel for the Petitioner: MR.T.V.L.NARASIMHA RAO Counsel for the Respondents: MR.CH.SIVA REDDY The Court made the following: ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) Learned counsel for the petitioner submits that the subject matter of the writ petition has become infructuous since no cause survives for adjudication. Recording the above submission, the writ petition is dismissed as infructuous. There shall be no order as to costs. ___________________ GHULAM MOHAMMED, J _____________________ VILAS V. AFZULPURKAR, J July 9, 2009 DSK