Disposed

Dappu Babu Rao v. Reserve Bank of India and another

Telangana HC4 Aug 2021WP/15866/2021

Case brief

AI extract

What is this about?

Petitioner challenged the legal sale of secured assets under the SARFESI Act, seeking quashing and a stay on auction via original jurisdiction writ and Section 151 CPC petition. The court held that the petitioner had regularized their account and paid dues following a prior interim order, rendering further proceedings dissolved.

What did the court decide?

The writ petition and stay petition were dismissed as further proceedings stood dissolved due to regularization of the petitioner's account and payment of dues. No order as to costs.

Dappu Babu Rao Vs Reserve Bank of India and another — Banking and Recovery | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY ,THE FOURTH DAY OF AUGUST

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TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRIJUSTICE A.RAJASHEKER^REDDY

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THE HONOURABLE DR. JUSTICE^{SHAMEEM AKTHER}

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WRIT PETITION N o: 15866 0F 2021

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Between:

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Dappu Babu Rao, S/o Dappu^{Krishnaiah, Aged 41 years' Occ. Business,R/o} H. No. 1-72, Doolapally^{Village, Quthbullapur Mandal,Ranga Reddy District'} 500 014.

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...PETITIONER

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AND

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1 Reserve Bank of lndia,^{Having its regional office at Hyderabad 6-'1-56'} Saifabad, Secretariat^{Road. Hyderabad-500 004'}

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2 Bank of lndia, Boduppal^{Branch, Plot No 12 and 13, Anusha Reddy lvlansion'} Boduppal, tr/edipally^{tvlandal'Medchal-Malkajgiri District'}

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,..RESPONDENTS

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Petition under^{Article 226 of the constitution of lndia prayingthat in the} circumstancesStatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an appropriate^{Writ or orderor direction'more particularlyone} inthenatureofWritofMandamusdeclaringtheNoticeforsaleofSecured AssetsunderSectionl3(8)ofSARFESlAct,2oo2,dated8.6.202.1inrespectof house bearing^{No, 1-72, admeasuring 320 Sq.Yards with a plinth of 1433. Sq.Ft} ofgroundfloorandfirstfloorwithaplinthareaofl433Sfttotalplingareaof 2866sftinSurveyNo.3gsituatedatDhoolapallyVillageandGramPanchayat, Quthbullapur^{tr,4andaltvledhcal.I,4alkajgiriDistrictas being illegal and arbitrary} and contrary^{to orders passed in SUOtr/OTOWP URGENT No' 3 of 2021 ' daled} 24.6.2o2lapartfrominviolationofvariousguidelinesandreguIationsframedby

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the 1st respondent and contrary^{to the schemeand procedrlreenvisaged under} SARFESI Act, 2002 and consequently to^{set-aside the sarne in the interestof} justice

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lA NO: 1 OF 2021

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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 grant stay of auction scheduled to be held on 15.712021 in respect of Notice for sale of Secured Assets under Section 13 (B) of SARFT:SI Act, 2002, dated 8.6.2021 in respect of house bearing No. 1-72, admeasuring 320 Sq.yards with a plinth of^'1433. sq.Ft of ground floor and first floor with a clinth area of 1433 sft total plinth area of 2866 sft in survey No. 39 situated at Dhoolapally Village and Gram Panchayat, Quthbullapur Mandal Medhcal-Malkajgiri District in the interest of^justice, pending disposal of the above writ petition

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Counsel for the Petitioner : SRl.^p SHASHI KIRAN

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Counsel for the Respondent No. 1 : NONE APPEALED

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Counsel for the Respondent No.2 : SMT T. VIDYA RANI, SC FOR BOI The Court made the following : ORDER

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(

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HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE DR. JUSTICE SHAMEEM AKTHER

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itP 1 oF2

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ERr a

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Learned counsel for respondent Bank submits that the petitioner has paid the amount in pursuance to the interim order granted by this Court on t3.07.2021; and that the account of the petitioner was regularized.

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Since the account of the petitioner was regularized, it goes without saying that all further proceedings stands d isso lved.

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Recording the aforesaid submission of learnecj counsel for respondent, the writ petition is disposed of. No order as to costs

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As a sequel thereto, miscellaneous petltions, if any,

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p end in in this writ petition, shall stand closed.

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SD/-K.SAILESHI ASSISTANT REGISTRAR ,TRUE COPY// )t ,,' SECTION OFFICER

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To,