The High Court disposed of a writ petition filed to challenge a symbolic possession notice under the SARFAESI Act, holding that an adequate alternative remedy existed under Section 17 of the Act.
Petitioner to file application under Section 17 of SARFAESI Act; Respondents stay of further steps.
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 SEVENTEENTH DAY OF DECEN/BER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE UJJAL BHUYAN AND
THE HON'BLE SMT JUSTICE P. MADHAVI DEVI
WRIT PETITION NO: 33925 OF 2021
Between:
M/s Mahadweep Pharma, Rep. by its lVanaging Partner, Sri. R. Vikas, S/o Late Ranga Rao, Aged about 30 years, Occ Business, Situated at 8-2-156, Viswajyothi Apartments, Turner Street, Hyderabad - 500 003.
...pETtTtoNER
AND
Petition under Article 226 of lhe Constitution of lndia praying 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 N4andamus or any other appropriate writ, order by setting aside thepossession notice dated NIL (Symbolic Possession was taken on 1 0.1 I .2021) which is without following the procedure contemplated under the Act and the same is to be declared as illegal, null and void Consequently direct the respondent to consider the representation dated 25.11.2021"
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased To stay of all further proceedings in pursuance of the possession notice dated NIL (Symbolic Possession was taken on 10.11.2021)
Counsel for the Petitioner: Mrs. PONNAM HAMSA DURGA FOR
SRI G. DINESH KUMAR
Counsel for Respondents: --
The Court made the following: ORDER
HONOUI ABLESITI JUSTICE U.IJAL BHI-YA</sup> ANI) HONOUzuBLESMT. JUSTICEP. MADHAVIDEVl
W.I'.No.3 392s oF 2021
OllDElL:(Pet Hon L e St.iJllsticeLt)jttl Bhuyon)
1 i
Heard MrsPonnamLiamsa Dr'rrga,learned counsel:or the petltroner
2-Thiswrit:,etitionhasbeenfiledchallengirrgthepossession notice issuedby 'he respondcntsto take over symbolic possessionof the securedasset rf the petitioner'
2
it vu'ouid be opcnto the respondents to takeappropriate stepsin
accordancewith iau'.
I
SD /. P.PADMANABHAREDD ASSISTANTREGISTRAR //TRUE COPY' @
SECTION OFFICER
To,
To, 1. The Authorized iil;'^ulh;ki;-Cornpi"*,Officer,lClCl dD Home Finance Road, Secunderabad - Company- 500 Ltd'' 003'Situated at Ground 2. il; h;iil-,ri;;' oiiCJ.,-icrciHir"'rinjncuCompany Ltd.,Situated at Sandra Kurla ComPlex,l\ilumbai - 400051 3. iii""ct"i""sri b.dinestrKumar Advocate[OPUC] - - 4. 6.#;6 i;5;t" [;;;DursiPonnam' Abvocate(oPUC) E Two CD CoPies 6. One SpareCoPY MBC
2P
TIME LIMIT
il.IIGH COURT
DATE D:1711212021
-13 ,t;ti1 ?i!? It
=i-.--+
ORDER
WP.No.3i3925 ot 2021
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS"
*< Rio</sup>
1 issue framed by the court
Whether a writ petition challenging a possession notice under the SARFAESI Act should be allowed when an alternative remedy exists.
3 provisions across 3 enactments
M/s Mahadweep Pharma
ICICI Home Finance Company Ltd.
Ujjal Bhuyan
P. Madhuri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
