Disposed

Vishwa Santhi Agro Industries, v. State of A.P. Rep by its District Collector

Telangana HC7 Apr 2009WP/6085/2009

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging an interim stay order passed by the Debts Recovery Tribunal, holding the petitioner should instead approach the Tribunal by filing an appropriate application to vacate the stay order.

What did the court decide?

Petition disposed permitting petitioner to file an application before the Tribunal within ten days to vacate the interim order dated 09-03-2009 on merits.

Vishwa Santhi Agro Industries, Vs State of A.P. Rep… — Banking and Recovery | Telangana HC (2009)

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THE HON'BLE MR JUSTICE V.ESWARAIAH and

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THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT PETITION No.6085 of 2009

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ORDER: (per the Hon’ble Sri Justice Sanjay Kumar)

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ING Vysya Bank Limited, Nizamshahi Road, Hyderabad, is before this court challenging the interim order dated 09-03-2009 passed by the Debts Recovery Tribunal, Hyderabad, in I.A.No.326 of 2009 in S.A.No.91 of 2009.

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The respondents 1 and 2 in the writ petition filed S.A.No.91 of 2009 before the Debts Recovery Tribunal questioning the sale notice dated 20-022009/21-02-2009 issued by the Bank. Their contention before the Tribunal was that the Bank had not considered their objections filed in response to the Section 13(2) notice. Taking note of the alleged statutory violation, the Debts Recovery Tribunal held that a prima facie case had been made out and granted interim stay of all further proceedings in pursuance of the sale notice dated 20-02-2009/21-02-2009 fixing the date of opening of the tenders as 2603-2009 with respect to the petition schedule property. It is relevant to note that the said direction was by way of an adinterim order and the petitioners before the Tribunal were permitted to take out personal notice to the Bank and the next date of hearing was fixed as 2205-2009. Aggrieved by the said order, the Bank rushed to this court by way of the present writ petition. The petitioners in the I.A. before the Tribunal entered appearance before this court and filed a counter stating to the effect that the writ petition is not maintainable against the ad-interim order passed by the Debts Recovery Tribunal and that the Bank should take necessary steps before the Tribunal itself for seeking vacating of the interim order, if it is aggrieved thereby.

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We are inclined to accept this submission made by the learned counsel. Whatever may be the grievance of the Bank with regard to the order

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passed by the Tribunal, it is always open to it to file an appropriate application before the Tribunal seeking the vacating of the interim order.

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Accordingly, we dispose of the writ petition permitting the petitionerBank to file an appropriate application seeking vacating of the interim order dated 09-03-2009, if it is aggrieved thereby, within a period of ten days from the date of receipt of a copy of this order. On the filing of such application, the Tribunal, after hearing the parties concerned, shall consider the same on merits and pass appropriate orders thereon within two weeks thereafter. There shall be no order as to costs.

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________________ V.ESWARAIAH, J

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__________________ SANJAY KUMAR, J

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Date : 07-04-2009 Note: Issue C.C. in two days (B/o) Prv

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..... REGISTRAR

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// TRUE COPY // SECTION OFFICER

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To 1) 2 CD copies

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Form-NIC-OGS/WP{RLD}

Vishwa Santhi Agro Industries, v. State of A.P. Rep by its District Collector

Case brief

What is this about?

What did the court decide?

Vishwa Santhi Agro Industries, v. State of A.P. Rep by its District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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