Disposed

M/s Sri Vaishnavi Gardens v. Union Bank of India

Telangana HC22 Apr 2021WP/10654/2021

Case brief

AI extract

What is this about?

Petitioner sought stay of bank auction and extension of payment time in writ petition. As auction was not held, court disposed of petition granting liberty to move Tribunal for time extension and dismissed pending miscellaneous petitions.

What did the court decide?

Writ petition disposed of granting liberty to petitioner to move Tribunal for extension of time; miscellaneous petitions dismissed.

M/s Sri Vaishnavi Gardens Vs Union Bank of India — Banking and Recovery | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶2

THURSDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY ONE

¶3

PRESENT

¶4

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND THE HON,BLE DT. JUSTICE SHAMEEM AKTHER

¶5

WRIT PETITION NO: 10654 0F 2021

¶6

Between:

¶7

M/s Sri Vaishnavi Gardens, Rep. by its^partner Sri.^{DonthulaDamodar, Aged} about 55 years, Occ . Business, Situated at Survey No. 195F/2,^{Reddypalem (V),} Gorrentakunta, Warangal^- 506 006.

¶8

...pETtIoNER

¶9

AND

¶10

Union Bank of lndia, (Erstwhile Andhra Bank) Rep. by^its authorized^Officer, Situated at LB Nagar^(Vasavi Colony),^{Ir/andiBazar PO,*urunn1l.-Ur03r03,(b.,}

¶11

Petition under Article 226 of lhe Constitution of^{lndia praying that} in^the circumstances stated in the affidavit filed therewith,^{the HighCourt may be pleasedto} pass order or orders direction more particularly in the nature of Writ of^lr,4andamus or any other appropriate writ, order by setting aside the^{orders dated 0910412021in lA} No.239/2021 in SAIR No 74 of 2021, which^{is filed seekingstay} of^{all further} proceedings of the respondent bank including the auction to be held on 1910412021 in respect of the schedule^properties in^{pursuantto the E-AuctionSale notice dated} 0410312021 issued by the Respondent bank^{withoutfollowing} the^procedure contemplated under the Act and the sam-e^{is to be declaredas illegal, null and void} Consequently direct the Debts Recovery'Tribunal^{to pass orderson meritsin SAIR} No 74 of 2021 by extending the time for^{paymentof second portion of the conditional} orders dated 0910412021 for 8 weeks

¶12

IA NO 1 F 2021 Petition under Section 151 CPC^praying that in the circumstances^{stated in the} affidavit filed in support of the^petition, the High Court^{may be pleased to stay of all} further proceedings of the respondent bank including taking^{physical possession of} the properties in^pursuant to the E-Auction conducted^{on 1910412021in respect of the} sale notice dated 0410312021

¶13

Counsel for the Petitioner: SRI D. RAGHAVULU

¶14

Counsel for Respondent: SMT. V. DYUMANI^{(SCFORBANK OF INOIA)}

¶15

The Court made the following: ORDER

¶16

HON'BLE SRI JUSTICE A.RAJASHEKER^REDDY AND HON'BLE DR. JUSTICE^{SHAMEEMAKTHER}

¶17

WRIT PETITION No.1O654 of2O2L

¶18

ORDER :1per Hon'ble^{Sri Justice A.RajashekerReddg)}

¶19

This writ petition is^{Iiled for the following relief;}

¶20

"to^pass order^{or orders direction more particulartyin the natureof} Wii of Mandamus or ang^{otlter appropriate ui|order by sexing} aside the orders dated 09.04^{2021 in lA.No.239/ 2021 in SAIR No.74} of 2021, which is ftted^{seekingstag of oll} further^{proceedingsof the} iespondent bank inctuding^{the ouction to be held on 19.04.2O21in} reipect of the schedule^{properties in pursuant to the E-Auction Sale} Noiice dated 04.03.2021 bsued^{by the Respondent bank u.tithout} foltoruing^{the procedure contemplated under the Act and tlrc sameis} -to be dectared as itlegal, nult and uotd. ConsequenttA dtrect the Debts Recouery Tibunal to^{pass orders on meritsin SA/R No.74 of 2021 bg} ertending the time for^{payment of secondportion of the conditional} orders dated 09.04.2021 for^{8 u.teeks andposs suchotlTerordersor} order to tuhich the^{petitionerare entitledto be in the interest of} justice."

¶21

Learned Standing Counsel for^{respondent Bank submits that}

¶22

auction could not take^{place on 19.04.2021.}

¶23

After coming to know^{that the auction could not takeplace,} learned counsel for^{petitioner seeks permission of this Courtto} withdraw the writ^{petition with liberty to move the Tribunalfor} extension of time.

¶24

Recording the same, writ^{petition is disposed of granting liberty} to the petitioner as^{prayedfor. No order as to costs.}

¶25

As a sequel thereto,^{miscellaneouspetitions, if any, pending in}

¶26

this appiication, shall^{stand dismissed.}

¶27

SD/.I.NAGALAKSHMI ASSISTANT REGISTRAR //TRUE COPYii Cti>

¶28

SECTION OFFICER

¶29

To,

¶30

1 The Authorized Officer, Union Bank of lndia, (Erstwhile Andhra Bank), Situated at LB Nagar (Vasavi Colony), Mandi Bazar PO, Waranqal -506 002. 2. One CC to Sri D Raghavulu Advocate IOPUCI

¶31

9n" 99^{to Smt. V D-yumani,SC For Bink Of india} IOPUC] 4. Two CD Copies MBC

¶32

HIGH COURT

¶33

DATED: 2210412021

¶34

-a.-=.-':--br tt-.. '
cl<br>,,; i
..$"
.s
.F-
,\i\

¶35

ORDER

¶36

WP.No.10654 of 2021

¶37

DISPOSING OF THE WRIT PETITION

¶38

WITHOUT COSTS

¶39

)
It

M/s Sri Vaishnavi Gardens v. Union Bank of India

Case brief

What is this about?

What did the court decide?

M/s Sri Vaishnavi Gardens v. Union Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

M/s. Progressive Aquatech Enterprises Vs M/s. Indian Bank and Another

Union of India Vs Kishore Kumar Verma

Union of India Vs Uttam Kumar Dutta

M/s Vaishnovi Infratech Ltd. Vs Union Bank of India

Smt.Muthyam Sulochana Vs State of Telangana

Sandhya Singh Vs The State of Telangana