Partly allowed

Mr. Rajashekar Buggaveeti v. Hdfc Bank Ltd.

Telangana HC18 Aug 2021WP/2575/2020

Case brief

AI extract

What is this about?

The Court allowed an application to condone a 22-day delay in complying with an interim order regarding payment to the Bank. The writ petition challenging a Debt Recovery Tribunal's order was disposed of in the interim, directing the Tribunal to dispose of the matter on merits while the stay continues.

What did the court decide?

Applied filed IA.No. 1 of 2021 was allowed; the main Writ Petition W.P. No. 2575 of 2020 was disposed of keeping it open pending the Tribunal's decision on the stay petition; the stay order continues.

Mr. Rajashekar Buggaveeti Vs Hdfc Bank Ltd. — Service and Employment | Telangana HC (2021)

¶1

HIGH COURT FOR THE S1 r.;;;,;i 6l5,Pj ][..,3ji"Gtflf^Ar HvDERABAD

¶2

WEDNESDAY, THE rwb iir ij usi',f#IiBHIp^fr""o^F-c u c u s r

¶3

PRESENT

¶4

THE HONOURABLE SRI J rH E H o No u R^",-., *:fffi": :ffi :H:?:::'" t.A. No.1 of2 021 tn W.P. No.25 75 of 2020 And WRIT PETITIONN o.2575of 2020

¶5

lA NO: 't OF 2021

¶6

Between:

¶7

y{ fi?i'$B:,PJg:iy:ff:,:l"r.lfi'RgTgiifl-:":"'"??.,",1#B;5'i%3%-JJ 741tct1,

¶8

AND

¶9

...PETITIONER

¶10

n,,u1o, Lower pear, il?ilf,FLlil'dlfix!!,1',BFi'lT"f^{i,fl',?"".:',,;fl,:!rriLtet} lJ,l.Bg'tu^t,,lli,!;;&y;iil,f sf fl Ht*:"r:$i:L:uXr.Til;"t$J:Ji$:",",.,

¶11

...RESPONDENT

¶12

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to condone the deray or 22 days in payment of amount in pursuance of the orders dated 11.02.2020 in l.A.No.1 of 2020 in W.p.No.257S ot 2020.

¶13

W.P.No.2575 of 2020

¶14

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass order or orders direction more particularly in the nature of writ of l\ilandamus or any other appropriate writ, order by setting aside the orders dated 17.O1 .2020 in 1.A.No.24612020 in S.A.No.21 of 2020 which is filed by the petitioner in pursuance of the advocate Commissioner notice dated 03.O1 .2O2O in pursuance of the warrant dated 29.11.2019 returnable on 31 .01 .2020 in Crl.lV.P.No.147 ol 2019 in pursuance of the possession notice dated 26.03.2019 under section 13 (4) as alleged under SARFAESI Act, 2002 without following the procedure contemplated under the Act and the same is to be declared as illegal, null and void Consequently direct the Debts Recovery Tribunal to^pass orders on merits in S.A No 21 of 2020, Consequently extend the time for B weeks to comply the second^portion of the amount as per the orders dated 17.01 .2020.

¶15

il2ll

¶16

AN :1 0F 02

¶17

that in^{the circumstances statedin} Petition^{under Section 151 CPC praying} igh Court^{maY be} Pleased^{to staYof} the affidavit^{filed in supportof the petition' the H} ical^{possessionof the ProPertyin} all further^{proceedings including takingphys} e dated^{03.01.2020 in} Pursuance^of pursuance of the^{advocate Commissionernotic} .01 .2020 in^{Crl.M.P.No.147of 2019} the warrant^{dated 29.11 .20'19 returnable on 31} inpursuanceofthepossessionnoticedated26.03.20lgunderSectionl3(4)aS alleged under^{SARFAESI Act, 2002'}

¶18

lA NO: 2 OF 20

¶19

Petition under section^{151 CPC praying that in the circumstances statedin} the affidavit filed^{in support of the petition,the High courtmay be pleased to extend} time for^payment of^{amountin pursuanceof the ordersdated1 1.02.2020in lA No I} of 2020 in W.P.No.257^{5 of 2020 for further period Two weeks.}

¶20

Counsel for the Petitioner: SRl. D. RAGHAVULU

¶21

Counsel for the Respondent: SRI M.P. KASHYAP

¶22

The Court made the following: ORDER

¶23

¶24

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

¶25

t P. o. 7 f 2 And W rit Petition No.2 575 F2020

¶26

R e ti Ra k

¶27

This writ petition is filed for the following relief;

¶28

"...to pass order or orders, direction more particularly in the nature of Wrlt of Mandamus or anyother appropriate writ, order by settlng aside the orders dt.17.01.2020 in IA.No.246/2020 in SA.No,2U2020 which is filed by the petitioner in pursuance of the advocate Commissioner notice dated 03.01.2020 in pursuance of the warrant dated 29.11.2019 returnable on 31.01.2020 in Crl.N4P.No.147/2079 in pursuance of the possession notice dated 26.03.2019 under section 13(4) as alleged under SARFAESI Act, 2002 without following the procedure contemplated under the Act and the same is to be declared as illegal, null and void. Consequently direct the Debts Recovery Tribunal to pass orders on merits in SA No.21 of 2020 consequently extend the time for 8 weeks to comply the second portion of the amount as per the orders dated 17.01.2020 and pass such other orders or order...."

¶29

This Court on 11.02.2020 granted conditional interim order in IA.No.l of 2020.

¶30

Now, present application iA.No.l of^{202L is filed to} condone the delay of 22 days^{In complyingwith the} conditional order dt.17.02.2020^{passed in IA.No.1 of 2020.}

¶31

Learned counsel for^{petitioner submits that petitioner} has complied with the^{conditionalinterim order granted on}

¶32

¶33

L|.O2.2O2O.^{He also submits that the writ petition can be} disposed of^{with a direction to the Tribunal to disposeof} SA.No.21 of 2020^{pending before it.}

¶34

In view of the aforesaid^{facts and circumstances,} IA.No.1 of 2027 is allowed and the writ^{petition is disposed} of keeping it open for the^parties to^raise all^their contentions before the Tribunal and the Tribunal is directed to dispose of SA.No.21 of 2020, as expeditiously as possible. The impugned order of the Tribunal stands modified to that extent and stay granted by the Tribunal in IA.No,246 of 2020 on 17.01.2020 will continue till disposal of SA.No.21 of 2020. No order as to costs.

¶35

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

¶36

SD/.K.VENKAIAH ASSISTANT REGISTRAR ,TRUE COPY// f 11'\ SECTION OFFICER

¶37

SECTION OFFICER

¶38

To, 'l . The Debts Recovrrrv Tribunal, Triveni Complex, Abids, Hyderabad. 2. rhe Authorizeri olii6er. vi $,J a"lirii;,'Ei;,ffi;:yr.a Rao, Rro. Hvderabad , HDFC Bank Lrd . llavino,rts ntjgtsiered"diiilu"riSirrprti Bapar lr4aro. Lower peart, Mumbar. Branch bfficorai: HoFc B;;k Li;li; whotesate Ban-kino 1-10-60/3, ra irrrroo,., srir*irvr'iljrr=i'r;;, s"#;;,"TFiliBranao _

¶39

3d0"6q,,1""r.

¶40

i, 5. Ei! Two CD ff ii Cooies^{Sl,B Xipisililt,itH:1,,:} lB''[81 6. One Spare boov CHR ., (,

HIGH^COURT

DATED:1^810812021

ORDER

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¶45

l.A.No.1 of 202'1in^{W.P.No.2575of 2020} And

¶46

WRIT PETITION^{No.2575 ot 2020}

¶47

Allowing the I.A.No.1 of 2021 and Disposing of the Writ Petition Without costs

¶48

.>-

Mr. Rajashekar Buggaveeti v. Hdfc Bank Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Rajashekar Buggaveeti v. Hdfc Bank Ltd.

Case brief

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What did the court decide?

What the court decided

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