Petitioner challenged the legality of a possession notice issued under the SARFAESI Act. The court directed the petitioner to pursue statutory remedies under Section 17 and offered a stay condition subject to a 15% deposit of outstanding dues.
No order as to costs; petitioner to deposit 15% of dues for stay.
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 ATHYDERABAD (Special Original Jurisdiction)
MONDAY, THE FOURTH DAY OFAPRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICEUJJAL BHUYAN AND THE HONOURABLE MRS JUSTICE SUREPALLINANDA
WRIT PET ITION NO: 17094OF2022
Between:
N.Ram Mohan, S/o N.KumaraSwamy,Aged about 57 yqars, Occ:Advocate'Rl/o H.No. A-tZ, Flat No. 501,Garden Residency, Mythrinagar, RoadNo'2, Dilsukhnagar' Hyderabad-SOO 060.
...pETtTtoNER
AND
Aditva Birla Housino Finance Limited,Rep. By its Authorized officer,Legal ri""Lrt.".t rHOol"* +oz,408 and 409, 4th Floor, Ashoka My Home Chambers' Belumpet, S.P.Road,Secunderabad-s0O003'
...RES'.NDENTS
Petition under Article226 of lhe constitution of lndia praying that in the circumstancesStatedintheaffidavitfiledtherewith'theHighCourtmaybe pleased to issue an appropriateWrit, Order or Direction' more particularlyone in the natureof Writ of Mandamus declaringthe impugned possession noticedt' 18t2l2L22issuedby the respondentU/Sec' 13 (a) of the SARFAESI Act'and Rule B(1)oftheSecurrtylnterest(Enforcement)Rules'2002'asbeingillegal'arbitrary and unjustand consequently set aside the same'
lA NO:1 OF 2022
^:-^,,mcran^pqstate (din Petitionunder Section 151 CPC praying that in the circumstances the affidavitfiled in support of the petition, the High courtmay be pleased to grant stayof all further proceedings pursuant to the impugned Possession Notice dt' 1Bl2l2222issuedby tne respondentU/Sec' 13 (4) of the SARFAESI Act'r/w Rule 8(1)of the Security lnterest (Enforcement) Rules'2002' pendingdisposal of the main WritPetition'
Counselfor the Petitioner: SRIKUSURISATYANARAYANA
Counselfor the Respondent:NONE APPEARED
The Courtmade the following:ORDER
THE HONOURABLE SRI JUSTICE UJJAL BHIIYAN
AND
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.17O94 of 2022
ORDER: @er Hon'ble Sn Jusrice Ljiial Bhuuani
Heard Mr. K. Satyanarayana, learned counsel for the petitioner.
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2 w*'r'''%:No?tT'a!'
4.It isstated that aggrieved by the aJoresaid possessionnotice' petitioner has filed securitisation applicationunder Section 17 of the SARFAESIAct before theDebtsRecovery Tribunal-Il' Hyderabad (Tribunal)' which hasbeen numberedas S'A(I'R)'N o'359 of 2022' With the grievancethat there is no PresidingOfficer in the Tribunal renderingthe same non-functional'present writ petition has
beenfiled'
Afterhearing iearned counsel for the petitioner 5 ' andon due consideration'we are of the vrew that since petitionerhas avaried the statutoryremedy as provided underSection17 of the SARFAESIAct' petitionershould pursuethe said remedy for redressal of his grievance 'That apart,if the petitionerdeposits15% of the outstanding dues within30 days from today' respondentshall not proceed furtherpursuantto the impugnedpossession notice dated 18.02.2022'which inany event would be subject to outcomeof S'A(1'R)'No'359of 2022'ltowever'if there is any / defauiton the part of the petitionerin makinB the payment
UB,J&SN,J W.P.No. 1 7094 of 2022
3
as above, it would be open to the respondent to take steps
for recovery of outstanding dues in accordance with law.
there shall be no order as to costs.
7 As a sequel, miscellaneous applications pending,
if any, in this Writpetitio n, shall stand closed.
SD/.I.NAGALAKSHMI
ASSISTANT REGISTRAR
//TRUE COPY// K, SECTION 6TTICER
To,
'1 . The Authorized Officer, Legal Department, Aditya Birla Housing Finance Limited, (HOD) 407, 408 and 409, 4th Floor, Ashoka My Home Chambers, Begumpet, S.P.Road, Secunderabad-500 003. 2. One CC to Sri Kusuri Satyana rcyana, Advocate [OPUC]
HIGH COURT
DATED:0410412022
ORDER
(
i 7.t
? 6 APB ?-il??
t
W.P.No.17094 of 2022
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
lytu
3 issues framed by the court
Whether the possession notice issued by the respondent under the SARFAESI Act is illegal and arbitrary.
Whether the petitioner is required to deposit 15% of the outstanding dues to stay execution of the possession notice.
Whether the petitioner must pursue the statutory remedy under Section 17 of the SARFAESI Act.
4 provisions across 3 enactments
N.Ram Mohan
Aditva Birla Housing Finance Limited
UJJAL BHUYAN
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
