Petitioner challenged bank sale under SARFAESI Act, pending before DRT Tribunal. Court dismissed writ petition, holding that interim relief must be sought exclusively from the Tribunal where the main case is pending to avoid conflicting jurisdictions.
Writ petition dismissed; miscellaneous petitions closed; no costs awarded.
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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON’BLE SRI JUSTICE G.SHYAM PRASAD
Writ Petition No.39518 of 2016
Order: (per V.Ramasubramanian, J.)
Challenging the measures taken by the Bank under Section 13(4) of the SARFAESI Act, the petitioner has already filed S.A.No.205 of 2016 before the Debts Recovery Tribunal, Hyderabad. On 09-6-2016, the Tribunal has passed the following interim order:
“Ld. Advocate Mr. V.V.Ramana appears for the Applicant.
None appears for the Respondent Bank.
Ld. Advocate for the Applicant pressing the present application challenging the sale proposed to take place on 10/06/16.
The main contention of the Applicant is that neither the Demand Notice not notice prior to sale has not been served upon the Applicant when the entire process is vitiated.
Ld. Advocate for the Applicant submitted that notice has been served upon the Bank and files a proof. From the proof of the service it is not clear that all the documents has served or not.
The issue raised being factual, there is need for hearing at length by producing documents. Hence, it is not possible to decide the issue raised by the Applicant at this stage. The sale is to take place tomorrow. The application is moved today. Hence, it is ordered:
statement by the next date.
Matter is adjourned to 13/07/16.
Copy of this order be given to the parties.”
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___________________________ V.RAMASUBRAMANIAN, J.
______________________ G.SHYAM PRASAD, J.
16th November, 2016. Ak
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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN AND
HON’BLE SRI JUSTICE G.SHYAM PRASAD
Writ Petition No.39518 of 2016 (per VRS, J.)
16th November, 2016. (Ak)
1 issue framed by the court
Whether an interim stay on bank sale proceedings can be granted by this Court when the matter is already pending before the Debts Recovery Tribunal.
1 provisions across 1 enactments
Petitioner
Respondent Bank
V. Ramasubramanian
G. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
