Interim application seeking extension of time granted in a writ petition for vacating premises underlying an SFA dispute. Court extended extension till 30 August 2022 barring further extensions.
Extended time till 30 August 2022 to vacate schedule property; no further extension granted.
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I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE EIGHTH DAY OF JULY
TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
l.A.No.2 of 2022
IN
WRIT PETITION No.13817 of 2022
Between:
M/s Shanthi Nikethan Educational Soclety @ Shanthi Nikethan School, Rep by its co ordinator, sri G. Veerasham S/o G. sh-ankraiah Aged About 40 yeari, dituiteo
H.No.4-9-729l7 Plot No.57, Slrvey No.292, Lectures Colony, Bagh Hayathnagar, Village, Hayathnagar IVlandal, Rang-a Reddy District.
AND
...PET|T|ONER
,..RESPONDENTS
Petition under Section 148 of C.P.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the order dated 12.04.2022 passed in W.p.No.,l381l of 2022 for one month.
This petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and the order of dated 12.04.2022 made here in and upon hearing the arguments of Sri D. Raghavulu, Counsel for the petitioner, the Court made the following: ORDER
Heard Mr. D. Raghavulu, learned counsel for the petitioner.
This interlocutory application has been filed seeking extension of time till 30th July, 2022 to vacate the premises of the schedule property.
2
Petitioner before us is M/s. Shanthi Nikethan Educational Societyrunning a school called 'Shanthi Niketan School', which is situated at Hayathnagarin the District of Ranga Reddy.
Earlier petitioner had approached this Court whenproceedingsunder the Securitisation and Reconstruction of Financial Assets and Enforcementof Security lnterest Act, 2OO2 were initiated by the 1"r respondent on accountof default by the borrower i.e., 2nd respondent.
Be it stated thatpetitioner is a tenant of the 2nd respondent. The earlierwrit petition i.e,, W.P.No.13817 of 2022 was disposed of by this Court on 12.04.2022 in the following manner:
"7. Be that as it may, learned counsel for thepetitioner submits that sincepetitioner is conducting annual examinations,it should be allowed to remain inpossession of the scheduleproperty till end of June, 2022 and for thisperiod, it willpay the rent directlyto respondent No.1 lndian Overseas Bank, Rastrapathi Road Branch, Secunderabad.
B. We find the prayer of thepetitioner to bequite reasonable. Accordingly and having regard to the above,we direct that petitionershall be allowed to remain inpossession of theschedule propertytill 30.06.2022. For the months of April, Mayand June,2022,petitioner shall deposit the rent with respondentNo.'l . However,on and from 01 .07.2022' petitioner shall vacate the premises of the scheduleproperty and respondent No.'1 would be entitled to take overvacantphysical possession of the schedule property with effect from 01.07.2022.
Today learned counsel for thepetitioner submitsthat petitioneris making strenuous efforts to find alternativearrangement. By end of this month, petitioneris confident of finding suitable alternativearrangement.
J
Be that as it may and upon due consideration, we extend the time mentioned in para 8 of our order dated 12.04.2022 till 30.02.2022. Petitioner shall vacate the premises of the schedule property and 1"r respondent would be entifled to take over vacant physical possession of the schedule property with effect from 01 .08.2022. No further extension shall be granted.
l.A. is disposed of.
//TRUE COPY/i
SD/-B.SATYAVATHI DEPUTY REGISTRAR ( ltL
SECTION OFFICER
To, '1. The Authorized Officer, lndian Overseas Bank, Rastrapathi Road Branch, Situated at No 4-2-25 to 28 and 32, 1st Floor, Rastrapathi Road Secunderabad 500003
One CC to Sri D. Raghavulu Advocate [OPUC]
1
HIGH COURT
DATED:0810712022
ORDER
l.A.No.2 ot 2022
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IN
WP.No.13817 of 2022
DISPOSING OF THE I.A.
9S*
2 issues framed by the court
Whether an interim stay order regarding vacatur of premises should be extended.
Whether the extension should allow possession until August 2022.
M/s Shanthi Nikethan Educational Society
Indian Overseas Bank
M/s Folis Allied Core Pvt Ltd
Ujjal Bhuyan
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
