Disposed

Kantheti Venu Babu, v. the Authorized Officer

Andhra Pradesh HC5 Nov 2019WP/10410/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by an auction purchaser against a bank. The Court directed the bank to take appropriate action on the petitioner's representations concerning the confirmation of the auction sale within two months.

What did the court decide?

Directed the first respondent-bank to take appropriate action on the petitioner's representations and complete the sale formalities within two months.

Kantheti Venu Babu, Vs the Authorized Officer — Banking and Recovery | Andhra Pradesh HC (2019)

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI

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AND

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THE HON’BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.10410 of 2019

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ORDER: ( Per Hon’ble Sri Justice A.V.Sesha Sai )

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Despite service of notice, none appears for the first respondent-bank. Heard Sri N.Srirama Murthy, learned counsel for the petitioner, and Sri N.Varaprasad, learned counsel for the second respondent, apart from perusing the entire material available on record.

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According to the petitioner, in the auction conducted by the first respondent-bank on 15.07.2013, pursuant to the auction notice, dated 12.06.2013, he emerged as the successful auction purchaser in respect of the property admeasuring 389 sq.yards situated in D.Nos.160 & 162, opposite to D.No.4-2261/1 backside of third line, Mutyalareddynagar, Guntur.

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By way of a letter, dated 15.07.2015, first respondentbank informed the petitioner herein that the sale confirmation would be subject to the leave of the Debts Recovery Tribunal, Visakhapatnam as directed by its order, dated 10.01.2013 in S.A.Nos.311 and 344 of 2012 and S.A.No.01 of 2013.

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According to the learned counsel for the petitioner, though the Securitization Applications were dismissed for nonprosecution, as long back as on 28.02.2018, by the Debts Recovery Tribunal, no further action, in the direction of confirmation of sale and completion of other formalities in

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AVSS,J & MGR,J W.P.No.10410 of 2019

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favour of the petitioner herein, has been taken so far by the first respondent-bank. It is also the submission of the learned counsel for the petitioner that the petitioner herein submitted a number of representations to the first respondent starting from 05.11.2018 to 16.04.2019. Copies of the said representations, said to have been submitted by the petitioner herein to the first respondent-bank, are placed on record by the petitioner along with the Writ Petition. It is further submitted by the learned counsel for the petitioner that, despite lapse of considerable length of time, from the dates of submission of the said representations, no action has so far been taken by the first respondent-bank in the direction of redressing the grievance of the petitioner.

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If that being so, this Court does not find any justification on the part of the first respondent-bank in keeping the said representations pending without taking any action in accordance with law.

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Having heard the learned counsel for the petitioner and the learned counsel for the second respondent and taking into consideration the material available on record, Writ Petition is disposed of, directing the first respondent-bank to take appropriate action/pass appropriate orders on the representations, dated 27.08.2014, 11.06.2018, 05.11.2018 and 16.04.2019, said to have been submitted by the petitioner herein, wherein the petitioner herein requested the first respondent-bank to take further action pursuant to the auction

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AVSS,J & MGR,J W.P.No.10410 of 2019

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held on 15.07.2013 in respect of the subject property. This exercise shall be completed by the respondents herein within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.

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Consequently, miscellaneous applications pending if any, shall stand closed.

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__________________ A.V.SESHA SAI, J

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__________________ M.GANGA RAO, J

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05^th November, 2019 Note: Furnish C.C. of the order within one week. B/o Tsy

Kantheti Venu Babu, v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

Kantheti Venu Babu, v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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