THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.No.1445 of 2011 ORDER (Per Sri Ghulam Mohammed,J) The petitioner obtained housing loan from the respondent Bank for a sum of Rs.4,66,000/- on 11.09.2004 by mortgaging the property in question. The petitioner states that the respondent without issuing notices under Sections 13(2) and 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’), is proceeding to conduct auction of the property in question on 29.01.2011. Challenging the auction notice and seeking to stay of all further proceedings, the petitioner filed S.A.No.21 of 2011 and S.A.I.R.No.103 of 2011 before the Debts Recovery Tribunal, Hyderabad (for short ‘the Tribunal’). Stating that the Presiding Officer of the Tribunal is not sitting regularly, the petitioner filed the present writ petition. 2. This Court while admitting the writ petition on 29.01.2011 directed the respondent to proceed with the auction but, not to confirm the sale for a period of ten days. While so, the respondent filed W.V.M.P.No.1157 of 2011 stating that the petitioner paid only two instalments and thereafter, committed default and consequently, the loan account has been classified as Non- performing Asset on 01.11.2009. The respondent issued notice under Section 13(2) of the Act on 05.12.2009 and thereafter took measures under Section 13(4) of the Act by publishing notices in Vaartha Telugu and Indian Express English, daily newspapers on 10.03.2010 and 16.03.2010 respectively, and also issued the auction notice. It is stated that pursuant to the interim directions of this Court on 29.01.2011, the respondent conducted the auction and the highest bidder deposited 25% of the reserved price of the auction. It is further stated that because of the interim orders of this Court, the respondent is unable to issue Sale Certificate in favour of the auction purchaser. 3. In view of the averments made in the counter affidavit that the auction of the property in question has been conducted on 29.01.2011 and the auction purchaser had deposited 25% of the reserved price of the auction and in view of pendency of S.A.No.21 of 2011 filed by the petitioner against the auction notice before the Tribunal, we are not inclined to entertain this writ petition at this stage. Accordingly, the Writ Petition is dismissed. However, the Tribunal is directed to dispose of S.A.No.21 of 2011 as expeditiously as possible. No costs. ______________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:01.04.2011 sj