IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5324 OF 2023 Between: 1. S Ganesh Subramaniam, S/o Subramanian, aged 72 years R/o 40- 15/2-11, Brundavan Colony, Venkateswara Puram, Vijayawada.520 010. 2. S.S.Mani, S/o Srinivasan, dged 52 years R/o 15-9, Shanmugam Sail, 1st Lane, Royapeta, Chennai.600 024. ...PETITIONERS AND Union Bank of India, Assets Recovery Branch, Rep. by its Chief Manager and Authorised Officer, Vijayawada, A.P ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ of Mandamus or any other appropriate Writ or order or direction declaring a. that the action of the Respondent Bank, M/s Union Bank of India, Assets Recovery Branch, Vijayawada, in proposing to recover any moneys due to it by M/s Liners India Ltd., which company stood dissolved, as arbitrary, illegal and as unauthorised, b.that the Notice dated 30/01/2023 issued by the Respondent Bank as arbitrary, illegal, ultra vires, unjust and inconsistent and contrary to the provisions contained in Sec. 13 (2) of the Act 54/2002. c.and issue a consequential ^3^ direction directing the Respondent Bank not to take any action against the petitioners for recovery of any money due to it by M/s Liners India Ltd., and further direct the Respondent Bank to deliver the document relating to Industrial site with R.C.C. roof, G + 1 R.S.NO.205/1A3 bearing door No.5-125, Near Urvasi C.T. Sanathnagar, Kanur, Penamalur Mandal, Y.S.R.District, Y.S.R. Pedda Gadapa, Andhra Pradesh, which was taken from the petitioners. an in an extent of Ac.0.77 in lA NO: 1 OF 2023 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Notice dated 30/01/2023 bearing No.B/VIJ/Legal/Sale/304/2022-2023 pending disposal of above Writ petition. lA NO: 2 OF 2023 Between: Union Bank of India, Assets Recovery Branch, Rep. by its Chief Manager and Authorised Officer, Vijayawada, A.P. ...VACATE PETITIONER/RESPONDENT IN WP AND 1. S Ganesh Subramaniam, S/o Subramanian, aged 72 years, R/o 40- 15/2-11, Brundavan Colony, Venkateswara Puram, Vijayawada.520 010. 2. S.S.Mani, S/o Srinivasan, aged 52 years, R/o 15-9, Shanmugam Sali, 1st Lane, Royapeta, Chennai.600 024. ...RESPONDENTS/PETITIONERS Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High V Court may be pleased to vacate the interim orders dated. 09.03.2023 passed in I.A. No. 01/2023 in W.P. No. 5324 / 2024 and dismiss the WP with exemplary costs. Counsel for the Petitioner: SRI S SATYANARAYANA PRASAD REPRESENTINGMS. C SINDHU KUMARI Counsel for the Respondents: SMT. V DYUMANI The Court made the following: ORDER f % Bench Sr.No:-17 [3483] APHC010106152023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI r WRIT PETITION NO; 5324 of 2023 ...Petitioners S Ganesh Subramaniam and another Vs. ...Respondent Union Bank of India ********** Mr. S. Satyanrayana Prasad, Senior Counsel appearing for Ms. C. Sindhu Kumari Mrs. V Dyumani Advocate for Petitioner Advocate for Respondent CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 18*^ February, 2025 PC : Learned counsel for the respondent Bank states that the notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, ‘the SARFAESI Act’]and the auction notice were issued in the year 2023 which auction did not take place because no bidders came forward. Learned counsel for the respondent Bank would submit that the Bank has decided to withdraw the earlier 13(2) notice and the proceedings initiated thereupon under the SARFAESI Act and, therefore, fresh notices would be issued to the petitioner in accordance with the procedure prescribed. 2. V t 2 HCJ & RC, J WP 5324 2023 3. Be that as it may, since the challenge in the present petition inter alia was to the auction notice issued by the respondent Bank which, learned for the Bank on instructions state that the very substratum for conducting the auction following the Section 13(2) notice which is withdrawn, the present petition has become infructuous. The respondent bank would be at liberty to proceed in accordance with law. 4. The Writ Petition is, accordingly, disposed of as infructuous. All the issues raised in the present petition would remain open with liberty to the petitioner to agitate the same in case any cause still survives. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/-VDIWAKAR DEPUTYj^GISTRAR oiiOjrOFFICER //TRUE COPY// SE To 1. One CC to Ms. C Sindhu Kumari Advocate [OPUC] 2. One CC to Smt. V Dyumani Advocate [OPUC] 3. Three CD Copies TF HIGH COURT DATED:18/02/2025 ORDER WP.No.5324 of 2023 f=5 12 MAR 2c:5 urrQnl Section DISPOSING OF THE W.P. AS INFRUCTUOUS, WITHOUT COSTS