Disposed

Peddi Ramesh and 2 others v. State Bank of India and another

Telangana HC18 Oct 2021WP/25547/2021

Case brief

AI extract

What is this about?

Writ petition by borrowers challenging bank's refusal to settle housing loan account due to pandemic. Court disposed of petition by directing bank to consider petitioners' representation within four weeks.

What did the court decide?

Ordered respondents to consider representations submitted on 05.10.2020 and pass appropriate orders within four weeks of order receipt.

Peddi Ramesh and 2 others Vs State Bank of India… — Service and Employment | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD} (Special Original Jurisdiction)

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IUONDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY^ONE

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PRESENT

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THE HON'BLE SRI JUSTICE ABHINAND^{KUMAR SHAVILI}

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WRIT PETITION NO. 25547 0F²⁰²¹

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Between:

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Peddi Ramesh, S/o P.Rajaiah,^{Aged about 52 years, O^cc. Business,Fl/^o'} H. f.lo.f Z-S-g 5Bl 4, f amaka, Opp.^{S-pencers Super Market, Secunderabad -500} 011.

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Feddi Srinivas, S/o P.Rajaiah,^{Aged about50 years,Occ.' Business,} -FUo - H.frfo.rZ-tS-1247, Street Nri.8, Besid'e Andhra Bank, Secunderabad - 500 017' 3. Smi.^peool aata Vinodha,^{w/6 Late P. Venu Gopal, Agedabo-ut.45years,occ'} Household, R/o H.No.12-1 3-677169,^{Street No.1, Kimtee Colony, larnaKa'} Secunderabad - 500 017.

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...pETtTtoNERS

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AND

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1 State Bank of lndia, Retail^{Assets Central Processing Centre, (RACPC),Plot No} B-27, APllC, Moula Ali,^{Hyderabad-500 040' Rep by its Chret} ftr'lanaoer/Authorised Off icer.

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2 !i;i;"8;;k ;ilnoia, ijrna1.a^{Branch, D.No.E2-A, Htr/DA Complex,represented} by its Branch^ltrlanager.

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...RESPONDENTS

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Petition under Article^{226 ol lhe constitution of lndia praying that in the} circumstances stated in^{the affidavitfiled therewith, the High Court may be pleasedto} issue an appropriate writ,^{orderor directionmore particularlyone in the nature of writ} of Mandamus action of^{the 1st respondentin refusing to considerthe application of} the^petitioner dated^{05.'10.2020in settling the Housing Loan AccountNo.} 62102796720 by receiving^{the outstanding amount of Rs.5,15,718.77as on} 14.08.2020^plus contractual^{interest and expenses thereinby deducting the amounts} paid by the petitioners thereafter and^{close the housing loan Account No'} 62102796720 and^{retease the property documents.}

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IA NO :1OF 2021

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Petition under Section^{151 CPC praying that in the circumstancesstated in the} affidavit filed in support^{of the petition, the High court may be pleased to direct the} respondent banks not^{take any coercivestepsagainstthe petitionersandsecured} house property^{H. No.12-13-677/69 admeasuring350 sq. yds., situatedat Lalaguda} Village, Street No.1, Tarnaka, Secunderabad,^{pending disposal of the mainwrit} petition.

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lA NO: 2 OF 2021

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Petition under Section 151 CPC praying thdt in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to receive amount of Rs.S,15,718.77 as on 14.08.2020 plus contractual interest and expenses therein by deducting the amounts paid by the petitioners thereafter and close the Housing Loan Account No. 62102796720, pending disposal of the [r/ain Writ Petition.

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Counsel for the Petitioner: SRI V. V. RAMANA

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Counsel forthe Respondents: SMT. R. ARUNA

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SRI HARI PRASAD, S.C. FOR S.B.I.

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The Court made the following: ORDER

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THE HON'BtE SRI JUSIICE ABHINAND KUMAR SHAVILI

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WRI TPE TITI ON No .25 547 ot 2021

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ORDER:

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This writ petition is being disposed of ol the stoge of odmission with the consenl of leorned counsel for the respective porties.

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This wrii petilion is filed seeking the following relief:

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"...... to issue an appropriate writ, order or direction more particutarty one in the nature of Writ of Mandamus action of the 1't respondent in refusing to consider the apptication of the petitioner dated 05.10.2020 in settting the Housing Loan Account No.62102796720 by receiving the outstanding amount of Rs.5,15,7'18.77 as on 14.08.2020 ptus contractual interest and expenses therein by deducting the amounts paid by the petitioners thereafter and close the housing toan Account No. 62102796720 and retease the property documents ......^,,.

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Heord Sri V.V.Romono, leorned counsel oppeoring for the

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petilioners ond Sri Hori Prosod, leorned Sonding Counsel oppeoring for the respondent Bonk.

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lt hos been contended by the peiitioners thot lhey hove token housing loon from the respondent Bonk ond they hove been poying the instolments on regulor bosis. But, due to pondemic situolion, they could not^poy the instollments.^{They hove submitted} o detoiled representolion to ihe respondents on^05.10.2020 requesting the respondent Bonk io intimote^{the totol oulstonding} omount ond they would^{poy ihe entire cutstonding omount, if some} reosonoble time^{is gronted.}

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Therefore, leorned counsel^{oppeoring for the petitionershod} contended thot opproprioie^{ordersbe possed in the writ petition} directing the respondenls^{to considerlhe representotion submilted}

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bythepeiitionerson05.l0'2020ondpossopproprioteordersin occordonce^{with low'}

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Leorned Stonding^{Counsel oppeoringfor the respondent} Bonk hod contended^{thol since the represenlotionof the} pelitioners is^{pending with lhe respondents'lhe respondentswould} consider^{the some ond poss opproprioteorders in occordonce wiih} low.

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This Court, hoving^{consideredthe rivol submissions modeby} the leorned counsel^{for the respective porties,is of the considered} view thot this writ^{petition con be disposedot directing the} respondents to consider the^{representotionsubmitted by the} petitioners on 05.'l0.2020 ond poss oppropriote orders in occordonce with low, within o reosonoble^period of time, preferobly within o period of four weeks from the dote of receipt of o copy of this order.

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B. Accordingly, this wril petition is disposed of. No costs.

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Pending miscelloneous petitions, if ony, sholl stond closed.

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SD/.T.TIRUMALA DEVI ASSISTANT REGISTRAR \ //TRUE COPY/I X\ -; SECTION OFFICER

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To, '1 . The Chief Manager/Authorised Officer, State Bank of lndia, Retail Assets Central Processing Centre, (RACPC), Plot No. B-27, APllC, Moula Ali, Hyderabad - 500 040.

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The Branch Manager, State Bank of lndia, Tarnaka Branch, D.No.E2-A, HII/DA Complex.

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One CC to Sri V. V. Ramana, Advocate IOPUC] 4 One CC to Smt. R. Aruna, Advocate t^OPUC] 5 One CC to Sri Hari Prasad, S.C. for .8.r. (OPUC) 6 Two CD Copies. 7 One Spare Copy.

IVP SJ

HIGH COURT

DATED:1811012021

ORDER

1 rle srA 15,
o(.) 02 ttovinzt

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WP.No.25547 ot 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Peddi Ramesh and 2 others v. State Bank of India and another

Case brief

What is this about?

What did the court decide?

Peddi Ramesh and 2 others v. State Bank of India and another

Case brief

What is this about?

What did the court decide?

What the court decided

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