Dasari Santosh, v. Punjab National Bank
Case brief
What is this about?
In a writ petition under Article 226 challenging a bank's auction notice, this Court held that the petition is barred by res judicata as the Society had already filed a Securitisation Application under Section 17 of the SARFAESI Act. The Court observed that the earlier writ petition by the Secretary was dismissed for dragging proceedings and held that a member cannot re-agitate the same cause of a
What the court decided
THE HON’BLE SRI JUSTICE K.C. BHANU AND THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.29051 OF 2014
ORDER:- (Per Hon’ble Sri Justice K.C. Bhanu)
This Writ Petition, under Article 226 of the Constitution of India, is filed to declare the action of the respondent bank in issuing Auction Notice, dated 26.08.2014, published in Andhra Jyothi Newspaper contemplating to auction the properties belonging to M/s.Siri Educational Society, situated at Velpur village, Kankipadu Mandal, Krishna District, on 27.09.2014 as illegal, arbitrary and contrary to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’).
2. Heard both sides.
3. The Secretary of the Society already availed the remedy under Section 17 of the SARFAESI Act by filing a Securitisation Application. Now the present writ petition is filed by one of the members of the Society. This Court while disposing of the Writ Petition No.14120 of 2014 filed by the Society represented by its Secretary, on 17.07.2014 held thus:
“As seen from the Writ Petition, both petitions are filed only to drag on the proceedings. Therefore, the writ petition is devoid of merit and is liable to be dismissed.”
4. One of the members of the Society cannot re-agitate the same by filing the present writ petition as the same is hit by principle of res judicata. In any view of the matter, the petitioner or any member of the Society cannot be permitted to prosecute
Issues for consideration
2 issues framed by the court
Whether a writ petition by a member of a society can be admitted when the society itself had already filed a remedy under Section 17 of the SARFAESI Act on the same cause of action.
Whether the present writ petition is barred by the principle of res judicata due to the earlier dismissed petition by the society's secretary.
Parties & counsel
- petitioner
Member of M/s. Siri Educational Society
- respondent
Respondent Bank
Coram
K.C. Bhanu
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · September
- Registered
- Case no.
- WP/29051/2014
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