The petition seeking relief against bank notices issued under Section 13(2) of the SARFAESI Act was dismissed as the judgment held the matter had become infructuous due to the petitioner's intention to initiate fresh proceedings.
Written petition dismissed as withdrawn; earlier interim orders vacated.
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 STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON,BLE DT. JUSTICE SHAMEEM AKTHER
WRIT PETITloN NO. 17521 0F 2021
Between:
Katukuri Chandra Shekar, S/o K.Buchaiah Aged about 59 years, Occ: Agricultu re, R/o H.No.3-18/1 , Palamakula, Village, Shamshabad Mahdat, Ranga Reddy D istrict
,..PETITIONER
AND
Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Direction or an Order which particularly in the nature of WRIT OF MANDAN/US declaring the action of the Respondents issued nolice dt.1ol11l2O2O issued under section 13 (2) of SARFAISI Act and notice dt. 0810612021 and not considering the representation dt.0210712021 which made by the petitjoner is illegal, arbitrary, violative of Article 14 of the Constitution of lndia and consequenfly direct the respondent to set aside the notjce dt.10/1 1/2020 issued under section 13 (2) of SARFAISI Act and notice dt. 0810612021 .
A NO: 1 OF 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 grant stay of all further proceedings in pursuance to the demand notice dt.10.11.2020 issued under section 13 (2) of SARFAISI Act and notice dt. 08.06.2021 pending disposal of the main Writ Petition.
Counsel for the Petitioner: SRI K. VENKATARAMANATAH
Counsel for the Respondent No.1: SRI M. VENKAT DIVAKAR
Counsel for the Respondent No.2: -
The Court made the following: ORDER
HON,BLE SRI JUSTIC E A.RAJASHEKERREDDY & HON'BLE DT.JUSTICE SHAMEEM AK'THER
WP No. 17521 of 2021
ORDER::
Sri K. Venkataramanaiah, the learnedcou nselforthe
petitioner submits that the subject matter involved ir. this casehas become infructuous as the respondent-bank has issuedfresh notice under Section 13 (2) of the SARFAESI Actand the petitioner
intends to take out fresh proceedings. Learned coltnsel has also
filed a letter dated 16-08-2021 in the Registry to that effect
Recording the submission made by the learned counsel,
permission is hereby accorded and the writ petition i s dismissed as
withdrawn. Any interim order granted earlier st,lndsvacated.
Miscellaneous petitions, if any pending, sha1l stand closed. There
shall be no order as to costs
\
SD/-K.ONESIM ASSISTANT EGISTRAR //TRUE COPY// SEC OF ICER
To, 1. One CC to Sri K. Venkataramanaiah, Advocate oPUCI 2. One CC to Sri M. Venkat Divakar, Advocate (Ort UC) 3. Two CD Copies. 4. One Spare Copy. MP \r[---
HIGH COURT
DATED:1710812021
ORDER
STA ,s
1
'/-
o 14 sEP2021
*
WP.No.17521 of 2021
DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS
2 provisions across 2 enactments
Katukuri Chandra Shekar
The Authorized Officer, State Bank of India
The Branch Manager, State Bank of India, Thimmapur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
