Sri Balasubramanyam Vs the Authorized Officer and Manager

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE GRANT OF AN INTERIM INJUNCTION IN THE PRESENT SUIT TO RESTRAIN THE RESPONDENT, FROM ALL SARFAESI PROCEEDINGS BY STAYING THE VACATING NOTICE DATED 12.12.2022 ISSUED BY THE RESPONDENT, BY ISSUING APPROPRIATE DIRECTIONS TO THE RESPONDENT. VIDE ANNEXURE-A1.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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3 -

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NC: 2026:KHC:13292 WP No. 25584 of 2022

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HC-KAR

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ORAL ORDER

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The present writ petition is filed seeking the following prayer:

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"PRAYER

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For the reasons stated above it is prayed that this Hon'ble High Court may kindly be pleased to:

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1. Issue a writ of mandamus or any other writ as applicable to allow the grant of an interim injunction in the present suit to restrain the Respondent, from all SARFAESI proceedings by staying the vacating notice dated 12.12.2022 issued by the Respondent, by issuing appropriate directions to the Respondent, which this Hon'ble High Court deems it fit, Annexure-A.

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2. To pass the order for restraining further SARFAESI proceedings like taking physical possession (against the enclosed notice and under necessary and/or appropriate order) and sale of mortgaged property by the Respondent, by directing the Respondent to accept any payments by the Petitioner, as directed by this Hon'ble High Court,

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3. Pass such other order or direction that this Hon'ble High court deems fit to pass in the circumstances of the case."

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Learned counsel appearing for the respondent submits

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that as per the order passed by the Court, the possession is restored and the account is regularised and no proceedings are pending.

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Learned counsel appearing for the petitioner submits that now the Bank is demanding an amount of Rs.22 lakhs along with monthly EMI.

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4 - NC: 2026:KHC:13292 WP No. 25584 of 2022

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HC-KAR

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Having heard the learned counsels on either side, perused the entire material on record. If the petitioner has any grievance with regard to the subsequent claims made by the respondent/bank, that cannot form part of the present writ petition. As on today, no SARFAESI proceedings initiated by the bank are pending. In that view of the matter, there is nothing to be adjudicated by this Court. In the light of the account being regularised, nothing survives for consideration in this writ petition. Hence, this Court is passing the following order:

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ORDER

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i. Accordingly, the writ petition is disposed of .

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ii. If the petitioner has any other cause of action, he is at liberty to avail the appropriate remedy.

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iii. All I.As. in this petition shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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MEG List No.: 2 Sl No.: 22

Sri Balasubramanyam v. the Authorized Officer and Manager

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Sri Balasubramanyam v. the Authorized Officer and Manager

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