The High Court held that invoking the writ jurisdiction was not maintainable as the petitioner already approached the Debt Recovery Tribunal regarding the same possession notice, constituting concurrent remedies.
Petitioner directed to approach the Debt Recovery Tribunal which was ordered to take up the pending application expeditiously.
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)
FRIDAY, THE THIRD DAY OF DECEI/BER rWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE UJJAL BHUYAN AND THE HON'BLE SMT JUSTICE P.MADHAVI DEVI
wRtT PET|T|ON NO. 31622 0F 2021
Between:
M/s Sri Laxmi Construction, Rep.by its Partner Sri Ch. Vijay Reddy, Situated atH No 8-7-38/1 , 3'o Floor, Laxminilaya, Raja Rajeshwari Nagar, Old Boinpally Secundrabad' Telangana State
...pETrroNER
AND
Bank of Baroda, Boinpall v Branch Sikh Road, Sector C, Manovikas Nagar, Secundrabad Rep. by its C h ief Manager/Authorized officer ...RESpoNDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may bepleased to pass order or orders direction moreparticularly in the nature of Writ of Mandamus or any other appropriate writ, order or direction to set aside thepossession notice dated 28.07.202'l issued by the respondent bank as illegal, null and void without following due process of law, and consequently direct the Hon'ble Debts Recovery Tribunal - ll, Hyderabad to dispose of the case SA No. 158 of 2021 on merits.
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased to stay of all further proceedings in pursuance of the Possession Notice daled 28.07.2021 including taking physical possession ofthe properties.
Counsel for the Petitioner: Mrs. P. HAMSA DURGA, REP. FOR SRI D, RAGHAVULU
Counsel for the Respondents:--
The Court made the following: ORDER
HONO ]RABLESII.I JI-JSTICEUJJAL BHT]} A</sup> ANI) HONOUI AI}LESMT..IUSTI(]EP. MAI)IIAVIDEVI
\4.P.No.3l 622 0F 2021
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Heard N rs.P.Hamsa Durga, Ieamed counselrepresenting Mr.D.Raghavulr, learned counsel for the petitioner'
I
.,
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1 Subject to the aboveobseruation, writ petition is dismissed 8 Miscellaneousapplications, il anypending, shallstand closed'
SD/-K'AMMAJI ASSISTANTREGISTRAR Gr,'
//TRUECOPY// SECTIONOFFICER
\ To \ 1 One CCto Sri D' Raghavulu, AdvocateIOPUC] 2. TwoCD CoPies' 3. OneSPare CoPY. MP SW }/
HIGH COURT
DATED:03112121121
ORDER
WP.No.31622 o12021
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DISMISSING TIIE WRIT PETITION WITHOUT COSTS
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a
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable when the matter is already pending before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act.
M/s Sri Laxmi Construction
Bank of Baroda
Ujjal Bhuyan
P. Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
