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2025 DAILYLAW 33174 (AP)

MANJULA KARUNA KUMARI v. THE STATE OF AP

WP/25325/2024 · 2025-02-04

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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APHC010494382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 25325 of 2024 Bench Sr.No:-39 [3483] Manjula Karuna Kumari ...Petitioner Vs. The State of A.P. and others ...Respondents ********** Advocate for petitioner : Sri M. K. Raj Kumar Advocate for respondents : Learned Government Pleader for Cooperation appearing for respondent Nos.1 and 4, Sri P. A. Seshu, learned Standing Counsel appearing for respondent Nos.2, 3 and 5. CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 4th February 2025 P C : Learned Standing Counsel for the respondent Co-operative Urban Bank submits that 50% of the amount, which was ordered to be deposited by the petitioner for enabling the respondent bank to consider the case of the petitioner for ‘One Time Settlement’, has not been deposited. 2. By virtue of the order dated 06.11.2024, it was made clear that in the event of failure to comply with the condition of depositing 50% of the demanded amount, the interim order would stand vacated automatically and the respondent bank would be at liberty to proceed with the impugned auction. 2 3. Be that as it may, in the absence of compliance of the interim order, it would be open to the respondent bank to proceed further in accordance with the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act). In any case, we do not wish to interfere in the present writ petition in view of the availability of the alternate remedy. 4. Accordingly, the Writ Petition is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ RAVI CHEEMALAPATI, J AMD 3 48 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25325 of 2024 Dt : 04.02.2025 AMD