Bank seeks writ against SARFAESI possession notices. Petitioner had already filed an application under Section 17 of SARFAESI Act challenging the same measures before the Debt Recovery Tribunal. High Court held that parallel remedies cannot be pursued.
Writ petition dismissed; pleading pending interlocutory applications stood closed.
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HIGH COURT FOR THE STATE.OF. TELANGANA AT HYDERABAD (Speciat Originat .lrrirai"tjoni ^,
FRIDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENT' ONi"
PRESENT
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
AND
THE HON,BLE DT. JUSTICE sHAMEEM AKTHER
WRIT PE TITIO N NO. 2983 0F 2021
Between:
Sri. Kamasamudram Vinod. S/o K Krishnaiah Aged ?p.ou! q3 years. Occ Business, R/o. D.No. j;tstslqtlr rr.tpstalr) opp-tvr;i;i iXij. w"ro N-ol ro. oivu"i?iorp, Road. Kadapa, Andhra pradesh State'
AND ...PET|T|ONER
Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue writ in the nature of [,4andamus, decraring the order Dt. 14-10-2020 passed by the Hon'ble chief Judiciar IVagistrate-cum-prr. Assistant sessions Judge Kadapa in crl.lvP.No. 20r2o2o under Section 14 of the SARFAEST Act,2oo2and subsequent Notice Dt 31-01-2021 issued by Learned Advocate sri.y.T. Johnson Kennedy Advocate commissioner for taking of physicar possession of the immovabre property of petitioner on 13-02-2021 arong with possession Notice Dt. 04-04-2016 as iilegar, arbitrary and against the provisions of sARFAESI act and rules made there under as well as against principles of natural justice and oppose to Articre of constitution of Ind ia.
lA NO: 1 OF 2021
Petition under Section 1 5'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay a further proceedings in pursuance to the Notice Dt. 31-oi-2021 issued by Learned Advocate sri.Y.T. Johnson Kennedy Advocate commissioner for taking of physical possession of the schedule property of petitioner on 13-02-2021 as per orders in cRL lvlP No 2012020 passed by the Hon'ble chief Judicial Magistrate-cum-prl. Assistant Sessions Judge Kadapa under Section 14 of the SARFAESI Act, 2002 till the disposal of the present Writ Petition.
Counsel for the Petitioner: SRI G. K. DESHPANDE Counsel for the Respondent No.1: PODILA HARI PRASAD Counsel for the Respondent No.2: -
The Gourt made the following: ORDER
THE HON'BLESRIJUSTICEA.RAJASHEKERREDDY AND THE HON'BLEDR, JUSTICESHAMEEM AKTHER
w.P.NO.2983 0F2021
O R D ER (Perthe Hon'bleSri JusticeA Roiosheker Reddv)
Sri P.Hori Prosod,leornedStonding Counsel for the respondent- Bonk submits thotpetitioner hos olreody filed S.A.No.323of 2019 on the file of Debts RecoveryTribunol -I under seclion 17 of the Securitizotion ond Reconstruction of FinonciolAssetsond Enforcementof Securitylnterest Acl,2OO2, chollengingthe meosuresinitloled by the Bonk for recoveryof the omount, ond heolso filedinterlocutoryopplicotion seeking interim relief .
Leorned counsel for thepetitioner could nol dispute ihe obove submission of the leornedStonding Counsel for the respondenl- Bonk
It is to be seen lhotpelilioner connotpursue porollelremedies. Hence, we ore nol inclinedto enlertoin the writ petiiion,ond the someis disposed of leoving it open tothe petitionerlo pursue the securiiizotion opplicotion filed before the Tribunol.
lnterlocutory opplicotionspending, if ony, sholl stond closed. No
order os to cosls.
\
To, 1. One CC to Sri G. K. Deshpande. Advocate LOPUCI 2. One CC to Sri Podila Hari Prasad,Advocate IOPUCI 3. Two CD Copies.
IVP
HIGHCOURT
DATED:1210212021
ORDER
WP.No.2983 of 2021
1 H e s T4
oc 1 $ t4AR 2021
* J.
F.
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
1,D74
2 issues framed by the court
Whether the High Court can enter into a writ petition regarding possession notices under the SARFAESI Act when parallel remedies are pending before the Debt Recovery Tribunal.
Whether the petitioner is permitted to pursue parallel writ remedies and applications before the Debt Recovery Tribunal simultaneously regarding SARFAESI measures.
3 provisions across 3 enactments
Kamasamudram Vinod
State Bank of India
Suncorp Life Services Limited
A. Rajasheker Reddy
Shameem Akther
As recorded by the court registry
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