The High Court disposed of a writ petition challenging an E-auction notice. The Court directed the bank to return documents and deliver possession if the loan was fully cleared by the petitioners, holding no order as to costs.
Direct the 1st respondent bank to return documents and deliver possession if the petitioner has cleared all outstanding loan dues.
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THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No.33540 of 2013
ORDER: (Per the Hon’ble Sri Justice Ashutosh Mohunta)
This writ petition is filed seeking a Writ of Mandamus declaring the impugned E-auction notice, dated 18.10.2013, published on 21.10.2013 in ‘New Indian Express’ fixing the date of auction as 22.11.2013 proposing to conduct auction of the secured asset i.e., Flat No. 503, 4th floor, admeasuring 900 sq ft along with 1/20th undivided share of land i.e., 40.02 sq.yds., in VC Paradise, near Sai Baba Devalayam Road, Kurnool, as illegal and unjust and consequently, set aside the same by directing the 1st respondent bank to receive the outstanding loan amount and deliver the documents to the petitioner.
Sri R. Venkataramana, the 2nd respondent herein, had taken a housing loan from the Andhra Bank, the 1st respondent herein, by mortgaging the property in question.
The petitioner purchased the property from the 2nd respondent and obtained a decree for specific performance in O.S. No.174 OF 2011 vide decree, dated 06.09.2012 passed by the learned Principle Senior Civil Judge, Kurnool. By virtue of the decree, the petitioner became the owner of the property.
Now an application has been filed by the petitioner, wherein, it has been averred that he has cleared off the entire loan taken by the 2nd respondent.
Learned counsel for the petitioner states that as the entire loan amount has been repaid, all the documents pertaining to the property in
question i.e., Flat No.503, 4th floor in VC Paradise, near Sai Baba Devalayam Road, Kurnool, be returned to the petitioner.
No one has put in appearance on behalf of any of the respondents.
After hearing the counsel for the petitioner and perusing the documents, we dispose of this Writ Petition with a direction to the 1st respondent that in case the petitioner has cleared of all the outstanding dues, then the documents pertaining to the property in question, be returned to the petitioner. It is further directed that in case no amount is due to be paid to the bank, then possession of the property in question be delivered to the petitioner. There shall be no order as to costs.
Miscellaneous Petitions pending, if any shall stand closed.
__________________________________ JUSTICE ASHUTOSH MOHUNTA.
JUSTICE M. SATYANARAYANA MURTHY.
Date : 19 -02-2014 Gvl
THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No.33540 of 2013
Date : 19 -02-2014
Gvl
2 issues framed by the court
Whether the bank must return mortgage documents and deliver possession of the secured property to the petitioner upon clearing the loan dues.
Whether the impugned E-auction notice for the secured asset is legal and justified.
The Petitioner
Andhra Bank
Sri R. Venkataramana
ASHUTOSH MOHUNTA
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
