In this writ petition challenging a public auction notice, the court directed petitioners to file an application for stay pending before the Debt Recovery Tribunal and disposed of the writ petition.
Petitioners directed to file application in S.A.No.227 of 2013 pending before DR Tribunal, Visakhapatnam.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No.5483 of 2014
ORDER: (Per the Hon’ble Sri Justice Ashutosh Mohunta)
The petitioners are aggrieved by the action of the respondent in issuing public notice for e-auction for sale of immovable properties issued by the respondent-State Bank of India, Kannavari Thota, Guntur, Guntur District.
Learned counsel for the petitioners submits that all the three items mentioned in the public notice are in the possession of petitioners, but in the impugned public notice it has been mentioned that the Bank has taken the possession. Learned counsel further submits that the petitioners have filed S.A.No.227 of 2013 which is pending on the file of the Debt Recovery Tribunal, Visakhapatnam, in which stay of dispossession has been ordered. He further submits that if the respondents go ahead with the auction, irreparable loss would be caused to the petitioners.
Learned counsel appearing on behalf of the respondent-Bank submits that the bank is entitled to go ahead with the public auction and symbolic possession can be taken by the Bank.
After hearing the counsel for the parties, we are of the considered view that as the petitioners have already filed S.A.No.227 of 2013, which is pending before the Debt Recovery Tribunal, Visakhapatnam, therefore, the petitioners should file appropriate application in the aforesaid S.A.
With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous Petitions pending, if any, shall stand dismissed.
________________________ ASHUTOSH MOHUNTA,J. ____________________________________ M. SATYANARAYANA MURTHY,J . Date : 03-03-2014 Rds
THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No.5483 of 2014 Date : 03.03.2014
Rds
1 issue framed by the court
Whether the writ petition should be dismissed provided the petitioners file an application in the pending appeal before the Debt Recovery Tribunal.
Petitioners
State Bank of India, Guntur
Ashutosh Mohunta
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
