High Court dismissed a writ petition challenging a bank's contemplation to register sale certificates. The court held that since a previous writ petition filed by the auction purchaser for registration of the sale certificates was already allowed, the present petition lacked merit.
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)
MONDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND
THE HON'BLE DR. JUSTICE SHAMEEM AKTHER
WRIT PETITION NO. 2,I42 OF 2021
Between:
M/s. ABC Engineering Works, beinq Rep. by its Partner, Sri G.Venkateswara Rao, S/o.G.Narayana Rao, agedyears, R/o.40-3/1-54, Satyanarayana Street,Labbipeta, Vijayawada.
...PETITIONER
AND
State of Bank of lndia, Being Rep. by ltsAuthorised I/anagement Branch, Secunderabad.
Officer, Stressed Assets
...RESPONDENT
Petition under Article 226 of lhe Constitution oflndia prayingthat in the circumstances stated in the affidavitfiled therewith,the High Court may be pleased to issue a Writ, Order or Orders, Direction or Directionsmore particularlyone in the nature of Writ of Mandamus declaring the actionof the respondent in contemplating to register the sale certificate dated 01/09/20'17and 0410912017pursuant to the auctions daled 1410612017 and1610612017pending considerationof petitioners writ petition No.41059 of 2018 challenging the action of the respondent in not extending the OTS scheme to thepetitioner and also SA.No.236 o'f 2017 pending before DRAT Kolkata as illegal arbitrary and violation ofArticle 14,21 and 300-A of the Constitution of lndia and contrary to theprovisions of SERFAESIAct,2002and consequently direct the respondent to considerthe case of the petitioner under the OTS scheme orpermit thepetitioner to depositthe entire amount before the respondent bank before registering the sale certificatein favour of the auction purchaser.
lA NO: 1 OF 2021
Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filed in support of thepetition, the High Courtmay bepleased to direct the Respondents to not to register the sale certificate dated 04/09/2017issuedin favour auction purchaser pending disposal of the above W.P.
Counsel for the Petitioner: M/s. PULIPATI RADHIKA
Counsel for the Respondents: SRI M. SRIKANTH REDDY,
STANDING COUNSEL FOR S.B.I
The Court made the following: ORDER
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION No.2l42 OF 2O2L
ORDER i(per Hott'ble Sri .-/rrslice A.Rulttslekt,r Rerldtl)
This writ petition is liled challenging the action of respondent 1n contemplating to register the sale certificate dated 01.O9.2017 & O4.O9.2O17 pursuant to the auctions dated 14.06.2017 and 16.06.2017 pending consideration of petitioner's writ petition No.41059 of 2018 filed by the petitioner chalienging the action of respondent in not exte r-rding the OTS scheme 1o the petitioner and also SA.No.236 of 2017 pcnding br:lcrrc l)l?AT. Iiolkata, and lor a cor-isequential direction to the respondent to cousider the case of petitioner under C)TS schemc'
111 In the writ aflidavit it is mentioned that already respect of subject issue SA.Nt't.236 ol 2Ol7 is filed and the same is pending. It is also mentioncd that the petitioner filed WP.No.41059 of 20I8 against the respondents for not extending the OTS scheme. It is further stated that that the auctir>n purchaser filed WP.No.2098B of 2019seeking direction for registration ol sale certilicate dt.04.09.2017 and 01.O9.2017 and the saine is allou'ed andpetitioner IS contcmplating to lile SI-P bc:fore the Htltroul-ab1eSupreme C ourt.
Whenthis Court has already allowed writ petition filed by the auctionpurchaser for registration of the sale certificate' it is notknown as to hou' the petitionercan file Present writ petition.
In viewof the same, thc writ petitionis dismissedNo orderas to costs'
MiscellaneousPCtltlons'ifanv, Pending inthe wrtt
petitionstand dismissed'
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HIGH COURT
DATED:01 10212021
ORDER
WP.No.2142 of 2021
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DISMISSING THE WRIT PETITION WITHOUT COSTS
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M/s. ABC Engineering Works
State of Bank of India
Sri A. Rajasheker Reddy
Dr. Justice Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
