Dismissed

M/s Ramson Food Processing Industries v. Bank of Baroda and Another

Telangana HC11 Feb 2021WP/3044/2021

Case brief

AI extract

What is this about?

In a writ petition challenging an e-auction of properties under the SARFAESI Act, the High Court held that the petitioner should have pursued remedial reliefs before the Debt Recovery Tribunal (DRT) via an interim application. Consequently, the writ petition was dismissed with liberty to the petitioner to obtain relief in the pending DRT proceeding.

What did the court decide?

Liberty granted to obtain relief in SA No. 172 of 2020; writ petition dismissed with no order as to costs.

M/s Ramson Food Processing Industries Vs… — Contract and Commercial Disputes | Telangana HC (2021)

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HIGH COURT FOR THE ST r"r;.,"i 3lE,P"! 15,!3j13,fli^{Ar HYDERABAD}

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THURSDAY, THE E E B R uA R y ,* o i, o-, iliI.lIjl if I^?f"F

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PRESENT

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THE HON'BLE SRI JUSTIC

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,r. ror, "^{r, ; ;-,-#ll& ffi'.:ilffi'.'-""} WRIT PETITI ONNo.3 044 0 F2021

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Between:

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$"ilitr1?Tfi{tf tr:tlilaH:,"ffi^{3H,"l.n3ti,",ti,?l%:ltnfl} :,#,s3:

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,..PETITIONER

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AND

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Bank of Baroda, Oio. ZOSA,R Branch: 6_.1_g4l13. .l.,Floor, Khusru Junq House. 2. Manyam Randhir Reddv. secretariat Road. SaifabarJ S/o lyoeiaoao Channa^"nei-ty-iis Reddy' n,t"n*yrr, Aged. Autnorized officer.lVlaior, Occ. uusrness, R/o. H. No. 9_1 23, Laxminagar brro.r,A,j jr;'pat, Hyderabad.

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..,RESPONDENTS

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Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue a writ or Direction or an order which parucurarry in the nature of wRrr oF IVIANDAMUS declaring the action of the respondent bank in pursuance to the e- auction sale proceedings herd on 21 .11.2020 vide e-auction sare notice dated 02.11.2020 which is published in Eenadu Telugu Daily News paper under sARFAESI Act in respect of the petition schedule properlies 1) plant and tVlachinery held in sy.No.694/4 and 750/E, situated at Gangapu(V), Jedcherra(l/), N/ahaboor Nagar District. 2) AII that the land consisting of she bearing H.No.'10-64, constructed on open land in Sy.No.694/4 and 750iE, land measuring 5203.00 Sq.yds and forty feet road area from main road, total land and road area 5943.25 Sq.Yds (with undivided share of land in road 740.25 Sq.Yds) consisting on shed with aluminium sheets roof, situated at Gangapu(V), Jadcherla(M), Mahabubnagar District. 3) All that the open plot bearing Sy.No.694/A and 750/E an extent of 2783 Sq.Yds at Gangapu(V), Jadcherla(lt/), lt/ahabubnagar District is illegal, arbitrary, violative of Article 14 of the Constitution of lndia and consequently direct the respondent not to enforce the said notice.

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IA N o: 10^F2021 ng that^{in the circumstances stated in the} Petition^{under Section 151 CPC prayi} igh Court^{may be pleasedto grant stay of} affidavit^{filed in support of the petition' the H} enate^{and transfer of propertiesto third} all further^{proceedingsincluding not to ali} otice^{datedO2J1'2020which is published} parties in^{pursuanceto the e-auction sale n} auction^{was held on 21"11 2020 under} in Eenadu^{Telugu Daily News Paper the} .ARFAESI^{Act i.e.,1) plant and Machinery herd in sy.No.694/A& 750/E, situatedat} Gangapu(V),^{Jedcherla(M)' Mahaboor NagarDistrict' 2) All that the land consisting} of she bearing^{H.No.10-64, constructed on open rand in Sy.No.694/A& 750/E,land} measuring^{5203.00Sq Yds and forty feet road area from main road' total land and} road area^{5943.25 SqYds (with undivided shareof land in road 740 25 SqYds)} consisting^{on shed with aluminium sheets roof' situated atGangapu(V)'} Jadcherla(M),^{tvlahabubnagarDistrict. 3) All that the open plot bearing Sy No 694/A &} TSO|Eanextentof2TB3Sq.YdsatGangapu(V),Jadcherla(M)'Mahabubnagar District^{pending disposal of the main WritPetition'}

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Counsel for^{the Petitioner:SRI TADAKANTISRIDHAR}

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Counsel for the^{Respondent No.1: SRISRINIVAS CHITTURU'} S.C. FOR BANK^{OF BARODA}

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Counsel for the ResPondent^No.2: -

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The Court made the following:^ORDER

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HON'BLE SRI JUS?ICE. Ho N,BLE, -. rrr;rt$;;rr;1T;'r"."^"

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WRIT PETITION No.3O4 40F 2o21

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ORD ER:1per Hon 'ble Sri Jui^l tce A Raiashe ker Redd

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This writ petition is filed for the following relief:

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" to issue a Writ or Direction or an order which particularly in the nature of Writ of Mandamus deciaring the action of the respondent bank in pursuance to the e-auction sale proceedings held on 2I.11.2O2O vide e-auction sale notice datecl 02.11,2O20 which is published in Eenadu Telugu Dajly News paper under SARFAESI Act in respect of the petition schedule properties l) plant and I{achinery hr:1d in Sy.No.694 lA &, 750/Fi, situated at Gangapur(V), Jedcherla ('1), Mahaboob Nagar Disirict, 2) All that the land consisting of shed bearing Il.No,10,64. co|srrucred on open land in Sy.No.694lA & 75rJ/D, Iand measurlng 5,103.00 Sq.yds and forty feet road area lrom main road, total land a]rd road area S943.2S Sq.yds (with undirrided share of land irr r.oad 740.25 Sq.yds.) consisting of shed with alumir]um sheets roof, situal.cd at Gangapur (V), Jadcherla (M), Merhabubnagar Disti toL, 3) .,\ll that tbe open plot bearing Sy.No.694/A i\t"^'isl lil. ar1 exrcnt of 2783 Sq.Yds at Gangapur (V), .Jadcherla(I\4), Mahabubnaga:- I)istdct is il1egal, arbitrary, violative oi Article 14 of rhe Constitur:ion of India and consequenrly direct the respondent not to enforce the sard notice and pass such other order. . . "

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Admittedly, petitioner has filed SA.No.172 of 2020 before the Debts Recovery Tribunal II, Hyderabad. But, in^{the r,r'rit affidavitit} is not mentioned \'hethcr hc liled^{intet'irn applic{rtion in the said} SA^()1'not,

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Learnecl Counsel for^{petrtioncr submitsthat he filed lnterim} application in SA.No.172^{of 2O2O}

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W1-rcn l-re lilcd tntcrim^{appijcation inSA, he shoulcl have} pursLred the same bclbre^{the 'l'ribunallnstead of filing the present} writ petition,

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The same^{is also rightly pointed out by the learnedStanding} Counsel^{for resPondentBank'}

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In view of the^{above,the writ petition is disposed of granting} liberty to^{the petitioner to obtain relief in SA'No' 172 of 2020'since} it is stated that^{the petitioner has already filed interimapplication} in the said^{SA. The Tribunal is also directed to disposeof the said} interim application,^{in accordancewith 1aw' No order as to costs'}

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Miscellaneous petitions, if^{any, pending in the writ petition}

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stand dismissed.

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SD/.B,SATYAVATHI ASSISTANT R GISTR

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//TRUE COPY' SECTION FFICER

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To, 1. The Authorized Officer, Bank of Baroda, O/o. ZOSAR Branch.6-'1-84/13, 1st Floor, Khusru Jung House, Secretariat^{Road,Saifabad,Hyderabad.} 2. The Debts Recovery Tribunal - ll, Hyderabad.

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One CC to Sri Tadakanti Sridhar, Advocate [OPUC]

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One CC to Sri Srinivas Chitturu, S.C. for^{Bank of Baroda} [OPUC]

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Two CD Copies.

N/P

HIGH COURT

DATED:1110212021

ORDER

WP.No.3044 of 2021

I r{E s T4
23 rEB 2021 C)
.L

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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AT,,
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M/s Ramson Food Processing Industries v. Bank of Baroda and Another

Case brief

What is this about?

What did the court decide?

M/s Ramson Food Processing Industries v. Bank of Baroda and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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