The High Court of Telangana disposed of a writ petition challenging a bank's sale notice under the SARFAESI Act as infructuous because the auction failed to materialize due to a lack of bidders.
Writ petition disposed of as infructuous; miscellaneous applications pending, if any, closed.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY. THE SEVENTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE UJJAL BHUYAN AND THE HON'BLE SMT JUSTICE P. MADHAVI DEVI
WR|T PETITION NO: 33902 OF 2021
Between:
Madhavaram Ramakanth, S/o. Madhavaram Jaswanth Rao, Aged 48years, R/o. H.no. 5-334012on Plot No. 28 in survey No.87, Laxmi Nagar, Kukatpally, GHII/C, Kukatpally circle , HYderabad
..PETrroNER
AND
Petition under Article 226 of the Constitution of lndiapraying thrt i" th" ir="tt;':l:;:l: stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ ororder or direction moreparticularly one in the nature of Writ of l\4andamus declaring the by theaction of the Respondent Bank in issuing the sale notice dated 06.11.2021 fixing the date ofe auction on 15.07.2021 in respect of the H.No. 5-3-34012 on Plot No. 28 in survey No. 87,Laxmi Nagar, Kukatpally, GHIVC, Kukatpally circle ,Hyderabad belonging to the Petitioner as illegal, arbitrary, highhanded, as violative of theprovisions of Section 13(4)(d) of the SARFAESI Act and provisions of Security lnterest Enforcement Rules, violative of Article 14 and 21 of the Constitution of lndia with a consequentialprayer to set aside the Banks sale notice dt.06-11- 2021 lixing the date of sale on 15-12-2021 with a consequentialprayer to set aside the Banks sale notice dt.06-11- 2021 tixing the date of sale on 15-12-2021
lA NO: 1 OF 202'l
Petition under Section'1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings initiated by the Respondent No.1 under the Securitization And Reconstruction of Financial Assets And Enforcement Of Security lnterest Act, 2002 pursuant to and including the sale notices dt. 06-1 1-2021 fixing the date of auction on 15-12-2021
Counsel for the Petitioner: SRI ZAINAB KHAN
Counsel for Respondent No.'l: SMT. V. DYUMANI
Counsel for Respondent Nos. 2 to 4: -..
The Court made the following: ORDER
HONOI- I1ABLE SRI JUSTICE UJJALI]HUYAN ANI) HONOUII. \I]LE SMT. JUSTICE P. MADHAVI DE<sup>I
W.1'>.No.33902 OF 2021
$DERT (fo, l;.)n.le.St.i Julti(c L11ol Bhuronl
Heard Ms. lainab Khan, Iearned counsel1'or thepetitioner and Mrs.V.Dyumani, learned Standing Counsel lorresponden: No. l/ Indian Bank.
materialize lbr le :k of bidders.
we are of the vie v that thc writ petition has become infructuotrs.
6 Miscellar-r:ous applications, if any pending, shall stand closed.
7 No costs.
SD/- T.TIRUMALA DEVI ASiSISTANTREGI STRAR
//TRUECOPY//
SECTIONOFFICER
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; HIGH COURT
DATED: 1711212021
1 i-t E S7A
, , 31 ,!Al'l 202
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ORDER
WP.No.33902 of 2021
DISPOSIN(i OF THE WRIT PETITION AS INFRUCTUOUS,
WITHOUT COSTS
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1 issue framed by the court
Whether the writ petition challenging the bank's sale notice under the SARFAESI Act becomes infructuous if the auction fails to materialize due to lack of bidders.
3 provisions across 3 enactments
Madhavaram Ramakanth
Indian Bank
Y. satyanarayan
Y. Ramalinga swamy
SanikommuThirupathi Reddy
UJJAL BHUYAN
P. MADHAVI DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
