High Court at Hyderabad disposed of a Writ Petition challenging a Debt Recovery Tribunal order on withdrawal by the petitioners without costs.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY ,THE FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE UJJAL BHUYAN AND
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
WRIT PETITION NO: 12267 OF 2019
Between:
,..PETITIONERS
AND
State Bank of lndia, Stressed Assets Recovery Branch (SAAB) 2nd Floor, RTC Bus Stand Complex, Koti, Hyderabad, represented by its Chief Manager.
.,.RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an Order, Director or Writ more particularly one in the nature of Writ of Certiorari by calling the records relating to an order daled 21-2-2019, made in l.A.No. 2659 of 2018 in O.A.No. 1 131 of 2016, on the file of the Debts Recovery Tribunal-|, Hyderabad, dismissing the interlocutory application filed under section 5 of the Limitation Act, seeking to condone the delay of 1301404 days in filing application to set aside the ex parte order dated 15-6-2017 , made in O.A.No.1 '131 of 2016, and set aside the same, as illegal, violative of Principles of Natural Justice, and contra to the provisions of the Limitation Act, treating delay as 404 days though it is 130 days, besides being impermissible in law and consequently direct the Tribunal to afford an opportunity of being heard for ad.iudicating the OA on merits of the case by allowing the l.A.No. 2659 of 2018 in O.A.No. 1131 of 2016.
lA NO: 1 OF 2019
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to stay all further proceedings pursuant to the exparte order dated 15-6-2017, made in O.A.No. 1 131 of 2017 , on the file of the Debts Recovery Tribunal-I, at Hyderabad,pending disposal of the Writ Petition.
Counsel for the Petitioners:SRl. G ANANDAM
Counsel for the Respondent: SRl. V V S N RAJU
The Court made the following:
THE HON'BLE SRI JUSTICE UJJAL BHI.'}'AN AND THE T ON'BLE SMT. JLlSTICE P.\TADHAVI DEvI
.P )io I 70 20 l9
O R D E R(Per the Hon'ble Sri .lurtice t iirl Bhurant
Heard learr ed counsel for the parties
It is submir.ed at tlre Bar that the lnatter has been seltle(l oLrt of court
Therefore" petitio rer would like to r.vithdrari'lhe lrrrt petiti()ll
ln vierv abr ve, writ petition is disposed oi. on u ithdrawal
Interlocutor y applications pending, if an1'. slrall sand closed No ordt'r
as to costs
SD/.MOHD.SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY/I /-', l,.{t
SECTION OFFICER
To,
HIGH COURT
OATED:0111212O21
ORDER
WP.No.12267 of 2019
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Disposing of tlte WP On withdrawal Without costs,
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P. Digamber Rao and Usha Kiran
State Bank of India
Ujjal Bhuyan
P. Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
