Writ petition challenging an e-auction notice under SARFAESI Act was dismissed by the Andhra Pradesh High Court as the petitioners have an efficacious remedy before the Debt Recovery Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF ANDHRA PRADESH : AMARAVATI
CHIEF JUSTICE J.K. MAHESHWARI
&
JUSTICE K. SURESH REDDY
WRIT PETITION No.15969 of 2020
(Taken up through video conferencing)
Sri Prasannanjaneya Raw & Boiled Rice Mill, Renangivaram, rep., by its Managing Partner, G. Subba Rao, S/o Sriramulu, age: 62 years, R/o D.No.30/223, Besides Kalamandir Hall, Addanki, Addanki Town & Manal, Prakasam District – 523 201, and (2) others
.. Petitioners.
Versus State Bank of India, Stressed Assets Recovery Branch, SBI Administrative Office Campus, Balaji Nagar, Sripuram Junction, Visakhapatnam, rep, by its Chief Manager and another. ..Respondents. Counsel for the petitioners : Sri K. Ananda Rao Counsel for respondents : ---
ORAL ORDER
Dt: 08.09.2020
per J.K. Maheshwari, CJ
Sri K. Ananda Rao, counsel for the petitioners.
been filed seeking the following relief:
“to issue Writ, Order or direction more in the nature of Mandamus declaring the action of the Respondents vide notice in letter no.SARB/VSP/KNR/A.N./2020-21/509 dated 13.08.2020 for e-auction and sale of immovable assets of the Petitioners on 09.09.2020 under SARFAESI Act 2002, R/w Rule 8(6) and 9(1) of Security Interest (Enforcement) Rules
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2002 and the paper publications namely Sakshi Telugu daily newspaper Vide corrigendum dated 13.08.2020 as illegal, arbitrary, without jurisdiction, violative of principles of natural justice and contrary to the procedure contemplated under Sub Rule (5) and (6) of Rule 8 of Security Interest (Enforcement) Rules 2002 consequently set aside the impugned e-auction notice vide letter No SARB/VSP/KNR/A.N./2020-21/509 dated 13.08.2020 of the 2nd Respondent and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of this case.”
J.K. MAHESHWARI, CJ K. SURESH REDDY, J
Nn.
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CHIEF JUSTICE J.K. MAHESHWARI &
JUSTICE K. SURESH REDDY
WRIT PETITION No.15969 of 2020
(per J.K. Maheshwari, CJ)
Dt: 08.09.2020
Nn
2 issues framed by the court
Whether the High Court can interfere in a matter where the Debt Recovery Tribunal has efficacious remedy.
Whether the e-auction notice issued under SARFAESI Act violates principles of natural justice and procedural rules.
3 provisions across 3 enactments
Sri Prasannanjaneya Raw & Boiled Rice Mill
State Bank of India
J.K. Maheshwari
K. Suresh Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
