Writ petitioner challenged an auction notice issued by the bank under SARFAESI Act during the COVID-19 period. The High Court dismissed the petition as infructuous after the respondent submitted that the auction could not take place due to lack of bidders.
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.
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY ,THE TWENTIETHDAY OF APRIL TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE A,RAJASHEKERREDOY AND
THE HONOURABLE DR, JUSTICESHAMEEM AKTHER
WRIT PETITION NO:'10028 OF2021
Between:
lvl/s. Proqressive Aquatech Enterprises,Registered Office. 1-4-190/35P, Bhaskar Rao Na-gar Colony, Phase-ll, Sainikpur[Secunde.rabad, rep. by lls 9o]9 Proprietoi Sri R.L. NbrasimhaRaoS/o LateSri R.L.KantaRao, Aged about47 veii:s. Occupation. Business,Fl/o.D. No. 1-4-1 90/35P, Bhaskar Rao Nagar Colony, Phase-ll, Sainikpuri,Secunderabad.
...PETITIONER
AND
..,RESPONDENTS
Petition under Article 226 ofthe constitution of lndia praying that in the circumstances stated inthe affidavitfiled therewith, the HighCourt may be pleasedto issue a writ, order or ordersmoreparticularly one in the nature of writ of Mandamus, declaring the action ofthe 2nd Respondentin issuing the sale notice dated 1210312021 ,proposing toconduct auction on 1610412021between 12.00 Noon to 2.00 pM, during ihe pendency of S.A. No. 39212019 pending on the file ofHonourable Debt Reco"very Tribunal,Hyderabad, more particularlyduring the covid-19 periodand against theguid"lin"s issuedby the Reserve Bank of lndia, from time to timeand in-spite of fili-ng a fresh S.A., on12t04t2021alongwith out of order questioningthe same, howevir, the HonourableDebt RecoveryTribunal, Hyderabad, is not listing the same forpassing appropriateinterim orders even though the auction is scheduled to be hetd o'n1610412021at 12.00 P.Nil.,as arbitrary, illegal, violate the Articles14 and 300-4 of the constitution oflndia and stay the proposed e-auction scheduledto be held on 1610412021 at12.00 P.M., though the sale noticedated 1210312021issuedby 2nd Respondent till the disposalof the SA.,
IA NO ;1 0F 2021
Petition under Section151 CPC prayingthat in the circumstances stated in the affidavit filed in supportof the petition,the High courtmay be pleasedto stay all further proceedingspursuant to the sale notice daled 1210312021,proposing to conduct auctio n oi T;OUZOZ1 ,issued by the 2nd Respondent pertainingto schedule property, pending disposal of the WritPetition.
Counsel for thePetitioner:SRl. S ASHOKANAND KUMAR Counsel for the Respondents:SRI' RAVINUTALAV R S The Coud made the following:
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER
w.P.NO.r0028 0F 2021
O R D E R(Pcr the tlon,bte Sri Justice e.Raiasheker Rerldv)
Learned Standing Counsel for the respondent No.l - Bank Sri Ravinutala V.R.S., submits that the impugned auction could not take place on 16.04.2021, because of lack of bidders and hence the cause in the writ petition does not survive.
Learned counsel for the petitioner does not dispute the abovd submission.
In view of the same, the writ petition is dismissed as having become infiuctuous.
Interlocutory applications pending, if any, shall stand closed. No order as to costs.
SD/.K.ONESIM
ASSISTANT REGISTRAR //TRUE COPY// KL,,
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SECTION OFFICER
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HIGH COURT
DATED:2010412021
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ORDER
WP.No.10028 of 2021
Dismissing the WP As having become infructuous Without costs.
1 issue framed by the court
Whether the writ petition challenging the proposed auction under SARFAESI Act is maintainable when no bidders participated.
2 provisions across 2 enactments
M/s. Progressive Aquatech Enterprises
M/s. Indian Bank
Justice A. Rajasheker Reddy
Justice Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
