Interim application seeking extension of stay in a writ petition filed against eviction proceedings initiated under the SARFAESI Act. Court extended stay by 15 days following the appointment of the Debts Recovery Tribunal Presiding Officer.
Extension of stay on coercive steps issued under the SARFAESI Act by a further period of 15 days.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE ELEVENTH DAY OF I\4ARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE UJJAL BHUYAN AND THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
r.A.NO.1 0F 2022
IN
WRIT PETITION NO: 33867 OF 2021
Betwee n :
tvlr. Syed Azeem, S/o Late Syed Khasim, Aged about 47years, Occ. Business, R/o H.No. B-1-366/A/9, Janaki Nagar Colony, Tolichowki, Golkonda, Hyderabad, Presently Residing at 30, NILE ROAD, LONDON E13 9 EL, ENGLAND, Rep. by his General Power of attorney holder His own brother l,4r. Syed Kaleem, S/o Late Syed Khasim, Aged about 49years, Occ. Business, R/o H.No. B-1-366/A/9, Janaki Nagar Colony, Tolichowki, Golkonda, Hyderabad.
...PETITIONER
AND
LIC Housing Finance Ltd, 201, 2nd Floor, Krishe Sapphire, Hi-Tech City[,4ain Road, Ii/adhapur, Hyderabad-500 038, Rep. by its Authorized Officer.
...RESPONDENT
Petition under Section 148 of CPCpraying that for the reasons statedin the affidavit filed in support of thepetition, the High Court may bepleasedto extend the order daled 17-12-2021passed in WP No.33867 of2021.
This petition coming on for hearing, uponperusing thepetition and the affidavit filed in support thereof and upon hearingthe argumentsof Ms.P.Hamsa Durga, Advocate appearing for the Petitioner andnoneappearedfor the Respondent,
The Court made the following Order:
Heard Ms. P. Hamsa Durga, learned counsel for the applicant / petitioner.
This interlocutory application has been liled for extensionof stay granted by this Court on 17.12.2021 in Writ Petition No.33867of 2021.
Petitioner had earlier approached this Court by filing WritPetitron No.33867 of 2O2l which was disposed of by this Court on17.12.2021 in the following manner :
"2. For failure to repoy the loan amount obtained by thepetitioner from the respondent/LlC Housing Finonce Limited, respondent hosinitioted proceedings under the Securitization and Reconstruction of FinonciolAssets ond Enforcementof Security lnterest Act,2002(briefly 'the SARFAESI Act' hereinafter).ln terms of thesome, possession notice under Section 1j(4) of the SARFAESI Act was issued on 16.08.2019. Thereofter, the Advocote-Commissioner hos now issued notice for vocotionof the schedule property on 06.L2.2021 fixing 12.12.2021 for deliveryof vocontpossession of theproperty,
j. On a query by the court, learned counsel for thepetitioner submitsthot physical possession of the schedule property wos not token over by the Advocote' Commissioner on 12.72.202L, whenpetitioner informedhim thot he would fileo writ petition before the court. 4. ln the meanwhile,petitionerhos filedsecuritizotion opplicotionunderSection 17 of the SARFAESI Act before the Debts Recovery Tribunal'|,Hyderobod (Tribunol). However, as there is no Presiding Officer in theTribunal, petitioner hos been compelled to file thepresent writpetition.
v
Tribunol toposssuch order os moy be deemedfit ond proper'However' in the event' thePresidingofficerisstittnotoppointedwithin45doysfromtodoy,itwouldbeopen to thepetitioner to opproach thiscourt forextension of stoy' 7. With the obove direction,writ petition is disposedof'"
ItissubmittedthatrecentlyPresidingofficerhasjoinedtheDebts Recovery Tribunal-I,HYderabad'
In view of above,r've extend the stay granted by this Court on 1.7.12.2021 in writPetition No.33867 of 2o2l by a furtherperiod of fifteen (15) daYsfrom todaY.
This disposesof the I.A.
SD/-K.VENKAIAH ASSISTA REGISTRAR
//TRUE COPY'
SECTION OFFICER
To,
HIGH COURT
DATED: 1110312022
ORDER
t.A.NO.1 0F 2022
IN
WP.No.33867 of 2021
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EXTENDING THE TIME
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Syed Azeem
LIC Housing Finance Ltd
Ujjal Bhuyan
P.Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
