This High Court of Telangana dismissed a writ petition challenging a bank's e-auction for collateral security as the petitioner failed to appear for two hearings, evincing lack of interest in prosecuting the case.
No order as to costs; all pending miscellaneous applications remain dismissed.
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)
WEDNESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER
WRIT PETI TION NO: 21465 OF 2020
Between:
It//s. skanda Gayatri Edible oils Private Limited, Read. office at H. No.s-5-10s4t33tj. PIot No.33. Road No.4. Mallikarjuna Nagar, Chintalkunta, Saroornagar, Hyderabad500068, Rep. by its Director Polisetty Nanda Kishore, S/o. P. Srinivasa Rao.
...PET|T|ONER
AND
s Cinara Bank, Assets Recov6ryN,4anaiem'entBranch. (ARII'4 Br-anch), B9P'"Oy-ilt - Authorized Officer. ttl Ftoor, Ciicle Offi-ce Building, H.No.10-3-163 and 163/A, Plot ruo. aS, Suruey No, 625,Besideto Rail Nilayam' Secunderabad, T S'
o. Heserve ean(oftndia.irep. by its Generalivanager. Saifabad,Hyderab^ad,,TS 7. Slate Level lnterlnstitutional committee,Rep. by. its co-ordinator. u/o.Anonra ginX Head Office Building, Saifabad Hyderabad, T S
Petition underArticle 226 oI the Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybepleasedto issue an orderor orders, direction or writ' more particularly one in the nature of Writ of Mandamus,decraringthe action of the RespondentBank in conducting E-Auction' dl.26tlll2o2oinquestionofpropertyi.e.'inanextentoflandadmeasuringAc',10.20 guntas, in SurveyNo.134, situated at UpparapallyVillage'Kethepalli lVlandal' Nalwnda DiStrict,T.S., as collateral security,withoutconsidering the allegation againsttheRespondentNos.BandgandtheBankofficialsisillegal,arbitrary, biased,un-constitutionalagainsttheprinciplesofnaturaljustice'andviolativeofthe Provisionsof SARFAESI Act'2OO2 and Rules and consequentlySelaside the E- AuctionNotice dt. 21l1Ol2O2Oand E-Auction 'dl' 26t11 /2020 issued by the RespondentAuthorities
/ Iti 'l
IAN O:1 oF 2020
PetitionunderSection,lslCPcprayingthatinthecircumstancesstatedinthe affidavit filedin support of the petition, the High Court may be pleased to Stay of all furtherproceedings including conductingthe E-Auction,d|.2611112020of the property i.e., in an extent ofland admeasuring Ac l0-20guntas, in Survey No"t34' situated at Upparapally Village,Kethepalli Mandal, Nalgonda District, T S, pending disposal of the above Writ Petition
Counsel for the Petitioner: SRI M.KISHOREBABU (none appeared)
Counsel forthe RespondentNo.1 :SRl NAMAVARAPU RAJESHWARRAO ASSISTANT SOLICITOR GENERAL
Counsel forthe Respondent Nos.2 to 5: SRI B.CHANDRASEN REDDY S.C. FOR CANARA BANK
Counsel for the Respondent No.6 : -
Counsel for the Respondent Nos.7 to 9 : -
The Court made the following: ORDER
I
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
AND HON'BLE DR, JUSTICE SHAMEEM AKTHER
Writ Petition No.21465 oF 2020
ORDER: (per Hon'ble Sn ,Justrce A.Rot AS heker Reddu)
When the marter was listed on l7 .12.2020, none appeared on behalf ol the petitioner. Even when the matter was Iisred on 19.01.2021, as trrere is no representation on behalfofthe petitioner, the matter was directed to be listed after two weeks for dismissal. Even today also, though the matter is called in the morning and aftemoon, there is no representation on behalf of the petitioner. It shows that the petitioner is not evincing any interest in prosecuting the case.
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In view of above. this Writ Petition is dismissed for non prosecution. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, il any, pending in this Writ Petition shallstand disnlissed.
SD/-K.ONESIM ASSISTANT REGISTRAR //TRUE COPY'
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SECTION OFFICER
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HIGHCOURT
DATED:0310212021
ORDER
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WP.No.21465 of 2020
DISMISSING THE WRIT PETITION FOR NON.PROSECUTION
Skanda Gayatri Edible Oils Private Limited
Union of India
Canara Bank
Anonamma
Neela Satyanarayana
Smitilera Aruna Devi
Rajasheker Reddy
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
