Dismissed

Sankara Janaki, v. State Bank of India, Db Division Main Branch

Telangana HC3 Feb 2012WP/24507/2003

Case brief

AI extract

What is this about?

The petitioner, a guarantor who received a demand notice under the SARFAESI Ordinance, 2002, filed a writ petition. The court held the petition infructuous as the Ordinance was superseded by the SARFAESI Act, 2002, which was upheld by the Supreme Court except for Section 17(2).

What did the court decide?

The writ petition, the writ petition challenging the notice, and the W.P.M.P are dismissed.

Sankara Janaki, Vs State Bank of India, Db Division… — Banking and Recovery | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY

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WRIT PETITION No.24507 of 2003

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Dated:03.02.2012

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Between: Sankara Janki. Petitioner And State Bank of India, And another. ... Respondents

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THE HON’BLE SRI JUSTICE V.V.S.RAO AND

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THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY

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WRIT PETITION No.24507 of 2003

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ORDER OF THE COURT

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M/s.Jen-Tech Systems availed credit facility from the first respondent, for which the petitioner was the guarantor by creating security interest. As there is a default in payment of the loan instalment, the first respondent issued notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Second) Ordinance, 2002 (the Ordinance), calling upon the petitioner to pay a sum of Rs.18,72,517/- within a period of sixty days, failing which, the petitioner was advised that necessary action would be taken under Section 13(4) of the Ordinance for taking possession and sale of the secured asset. Aggrieved by the same, the petitioner filed the instant writ petition challenging the notice as well as Sections 13, 17 and 34 of the Ordinance.

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There is no dispute that the impugned Ordinance was subsequently enacted, and therefore, the writ petition itself is infructuous. Be that as it is, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act), has been upheld by the Supreme Court in Mardia Chemicals Ltd v Union of India^[1] , except Section 17(2) of the Act which stands declared as ultra vires Article 14 of the Constitution of India. The writ petition is therefore liable to be dismissed.

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The Writ Petition is, therefore, dismissed. Accordingly, the W.P.M.P shall also stand dismissed. There shall be no order as to costs.

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_______________ (V.V.S.RAO, J)

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________________________________ (G.KRISHNA MOHAN REDDY, J)

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03.02.2012 vs

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[1] (2004) 4 SCC 311 : AIR 2004 SC 2371

Sankara Janaki, v. State Bank of India, Db Division Main Branch

Case brief

What is this about?

What did the court decide?

Sankara Janaki, v. State Bank of India, Db Division Main Branch

Case brief

What is this about?

What did the court decide?

What the court decided

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