Andhra Pradesh High Court - Amravati
Moparthi Mary Ananda Vijay Kumari vs The Tenali Co Operative Urban Bank Ltd on 25 February, 2023
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.1043 of 2023
Between:
1. Moparthi. Mari Ananda Vijay Kumari,
D/o. Prakash Rao, aged about 67 years,
R/o. H.No. 19-15-3/7, Krupavaram Compound,
Muttyamsettipalem, Tenali, Guntur[Dist].
... Petitioner
And
1. The Tenali Co-operative Urban Bank Ltd
No. 22, Tenali, Guntur[Dist], A.P. and another.
... Respondents
Counsel for the petitioners : M/S. B. Devadas
Counsel for respondents : K.N. Vijayalaxmi
ORDER:
This writ petition is filed seeking the following relief:
"to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS Declaring the inaction of the 2nd respondent impugned sale notice [auction] in EP N0. 30/21- 22, Dated 30-1-2023 or any subsequent day [arising out of arbitration award No. 58/2020-21dated 31-12-2020, on petitioner loan No. B/7338/MT schedule property situated at 5th block, TS.N0.165/1,2, Tenali Municipality, Mutyamsettivaripalem, Tenali, (Guntur) as illegal, arbitrary, fraudulent action without notice erroneous, incorrect, contrary to the article 14, 300-A constitution of India and set aside the same [even though as per Honourbale High Court direction in WP. N0. 1261/2022 petitioner paid 50 percent of loan amount] and 2 consequential direction to respondents not to disturb petitioner peaceful possession and enjoyment of the schedule mentioned property and grant such other relief or reliefs as this Honourbale court deems fit and proper in the circumstances of the case and in the interest of justice".
2. This court by its order dated 25.01.2023 in W.P.No.1261 of 2022, directed the respondents therein to defer the auction for a period of four (4) weeks, subject to petitioner depositing Rs. 2,00,000/- within a period of three(3) weeks from today. If the petitioner fails to deposit the amount of Rs.2,00,000/- within three(3) weeks from today, the respondent shall proceed with the auction.
3. In view of the above said interim order, counsel for the petitioner would contend that are no further orders required to be passed in this Writ Petition. Recording the same, Writ Petition is closed. There shall be no order as to costs.
Miscellaneous petitions, if any pending, in this case, shall stand closed.
_______________________________ JUSTICE SUBBA REDDY SATTI Date: 25.01.2023 PMK/MVK 3 HON'BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.1043 of 2023 Date: 25.01.2023 PMK/MVK