WP/47222/2018 of Shabib Hussain Imran Vs Corporation Bank, on 31 December 2018

1. Shabib Hussain Imran, S/o. Qamber Hussain, R/o. H.No.17-6-216, First Floor Sunar Gali, Noor Khan Bazar, Hyderabad, TS. First Floor Sunar Gali, Noor Khan Bazar, Hyderabad, TS.

2. Fatima W/o. Shabib Hussain Imran, R/o. H.No.17-6-216, First Floor, Sunar Galli, Noor Khan Bazar, Hyderabad. Floor, Sunar Galli, Noor Khan Bazar, Hyderabad.

….. Petitioners

And

1. Corporation Bank, rep. by the Managing Director & CEO Corporate Office, Mangaladevi Temple Road, Pandeshwar, Manglore -575 001. Office, Mangaladevi Temple Road, Pandeshwar, Manglore -575 001.

2. Authorized Officer, Corporation Bank, Zonal Office, 5-9-988/18/88/2, First Floor Saphire Complex, Chapal Road, Hyderabad. 988/18/88/2, First Floor Saphire Complex, Chapal Road, Hyderabad.

3. Branch Manager, Corporation Bak, Mehdipatnam Branch, 9-4-84/9, Kakatiyanagar Colony, Hyderabad. Kakatiyanagar Colony, Hyderabad.

…. Respondents

! Counsel for the Petitioner

: Mr. Babu Akram

< GI ST:

> HEAD NOTE:

? Cases referred

HONOURABLE SRI JUSTI CE V. RAMASUBRAMANI AN AND HONOURABLE SRI JUSTI CE P. KESHAVA RAO

W.P.No.47222 of 2018

ORDER:(Per VRS,J)

The petitioners have come up with the above writ petition complaining that without even furnishing a statement of account indicating the correct liability, the Bank is bringing the property to sale under the SARFAESI Act, 2002.

2. Smt. V. Dyumani, learned counsel, who takes notice for the respondent-Bank, handed over a copy of the statement of account up to date, to the learned counsel for the petitioners. Therefore, their first grievance stands redressed.

3. Insofar as the grievance relating to auction is concerned, it is stated that the auction fixed on 29.12.2018 failed. Therefore, leaving it open to the petitioners to work out their remedies with the bank on the basis of the statement of accounts, the writ petition is closed, as the immediate cause of action does not survive. There will be no order as to costs.

4. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

______________________

V. RAMASUBRAMANI AN, J.

31[st] December, 2018 Js. Js.

_______________

P. KESHAVA RAO, J.

Js.

HONOURABLE SRI JUSTI CE V. RAMASUBRAMANI AN AND

HONOURABLE SRI JUSTI CE P. KESHAVA RAO

W.P.No.47222 of 2018

31[st ]December, 2018