Dismissed

Anamala Venkata Narsimha Reddy, v. Syndicate Bank

Telangana HC4 Feb 2022WP/46978/2018

Case brief

AI extract

What is this about?

Petitioners, who are guarantors for a loan, filed writ petitions challenging an ex parte decree and a docket order passed by the Debt Recovery Tribunal. This court observed that the Tribunal had taken a reasonable view and granted a stay pending compliance, thus not interfering with the Tribunal's proceedings.

What did the court decide?

Writ petitions dismissed and interim order staying the DRAT order vacated.

Anamala Venkata Narsimha Reddy, Vs Syndicate Bank — Banking and Recovery | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE SRI JUSTICE UJJAL EHUYAN AND THE HON'BLE SMT JUSTICE P. SREE SUDHA WRIT PETITION N O: 46978 AN D 47582 0F 20'18

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wP NO.46978 0F 201 8:

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Between:

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Anamala Venkata Narsimha |e^dqy,: S/o A.Venkateshwara Reddy, Age about. !6.yrs,^{Occ. Business,R/o2-3-3i11,KV} Lay out, LIC road, fiijpaini io*ri, Chittoor Dist. AP - 517501

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2 Smt. Korrapati Souianva Sree.. W/o AV Narsimha Reddy, Age about. 45 yrS, Occ.Business, R/o 2-3-391 . KV L ay out. LIC Road. Tirupaihi T6wn. Chittoor b ist AP - 517501

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AND

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PETITIONERS

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Syndicate Bank., a body corporate constituted and functionrnq under the Bankino U_ompanies (Acquistion and Transfer of Undertakino ) Act 1970 havino its Hearj " otftcer at Manipal. Karnataka and having amount oth6r branch at NS Road, Hyderabad represented by its G.p.A. Holder Asst. General Manager

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M/s south tndia Exim^pvt. Lrd,,R_epresented by its Md;fii3t3i"tttll',l3tJ:?ft' Ram Charan, having its Regd..offiCe at^ptor n6 . 188. ph"aa6 ti, K;;aA,Jri

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-^{liolony,Sri NagarColony, Hyderabad -73.}

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KRami Reddy- S/o Rosi Reijdy, Aged qbgg! :71 yrs, Occ. Business, Fyo 44, SBI Colony, Nandyal, Kurnool distri-ct - 518502.

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K.S Pani Ram Charan,, S/o K. Krishna^prasad, Aqed about.42 vrs. Occ. Business, Rlo 301726, Bommalasatram, Nandyal I Kumool - 51 dSO2.

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SPY Reddy,, S/o Konrta Reddy, Aged about. TO yrs, Occ. Busineii, F/o, Bommalasatram. Nandyal, Kurnooi - S18502.

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6 M/s Nandi Tor,rn:lipf !t9, Rgp!y ils Director T,Ravi Kumar Reddy having its office a|291177-34, Flat No. 5304, Sri SaiAppartments, SBI colony, Nandlal , Kurnool - 518502.

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Sajjala Sreedhar Reddy.. S/o S.V.Laxmi Reddv. Aed about .45 vrs Occ. Business, R/o 30-726, Bommalasatram, Nandval , Kurnool - 519'502

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Sannapureddy Sujala,, W/o Sreedhar Reddy, 30-726-49, Bommatasatram , Nandyal , Kurnool - 518502.

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V.Aravinda Rani,, W/o V.SureshKumar, Ryo 30-726-49 Bommalasatram, Nandyal, Kurnool - 518502.

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10.Smt Bommalasatram. Nandyal C. Ankalamma,, W/o C. . Kurnool - 518502. Ram Mohan Reddy,^' Age.45 - years, Fyo 30-726-49

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C.Ram l\ilohan Reddy.. S,o C.Sesha Reddy, Aqed 50 yrs, Occ.Business R/o 30726-49 Bommalasatram. Nandya,. Kurnool - 5i8502'

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l2 linggp Srq'dhar Reddy,, S/o SV Subba Reddy, Age . 55 yrs, Occ.Business R/o 30-726-As Bommalasatram' tunor''

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. [:!?ooo^l,inJru.?3?r."oo*rs 1 ro 1o AND.r3

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or directions more particularly one in the nature of writ of Certiorari calling for lhe records relating to and connected with the Order dated 2.8.2018 passed by the Debt Recovery Tribunal - l, Hyderabad in IA No. 2099 of 2018 in OA No. 528 of 20'17 and the consequential proceedings thereof and quash or

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selaside the sar e, as being arbitrary, iltegal discriminatory erroneous and volatile of Article 14 of the⁽ onstitution of lndia

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lA NO: 1 OF 2011

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Petition un ler Section^'151 CPC praying that in the circumstances stated in the affidavit filed in I lpport of the petition, the High Court may be pteased to stay the Order dated 2.8.2)18 passed by the Debt Recovery Tribunal - l, Hyderabad in l.A.No. 2099 of 2018 in C^q No. 528 ot 2017 to the extent of these petitioners property thereof in respect of Sch{ dule ll, ltem No.1 property bearing portion of land in Sy No. 8A/1D & 623/3C bearing plot No.35 & 36 admeasuring 697 Sq yards bearing D.No. 19-123, situated at Ch ttalachenu Area of Tirupathi Municipal Corporation, Chitoor District Counsel for the F :titioners: SRI T. V. KALYAN SINGH

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Counsel for Resp rndent No. 1: SRI MOHD. HABEBULLAH

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SRI OISHIT BHATTACHARJEE

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WPTITION NO: 47 t82 OF 2018

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Between:

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Anamala Ve )kata Narsimha Reddy, S/o A.Venkateshwara Reddy, Age about 46 yr.s, qc_c Bu iness, Ryo 2-3-391 , KV Lay out, LtC road, Tirupathi Toin, Chittoor Dist, AP - 51^,501 Smt- Korra! tiSo-ujanyaSree,, W/o AV-Narsimha Reddy, Age abour 45 yrs, Occ py91n-ess, R I 2-3-391, KV Lay out, LtC Road, Tirupathi To;n, Chittoor 6isi Ap - 517501

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AND

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,.,PETITIONERS

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Syndicate Be rk. a body corporate constituted and functtoninq urder:he Bankino C-ompanies ( \cquistion and Transfer of Undenaking ) Acl 1970 having its Headofficer at lvlar ipal, Karnataka and having amount other branch at NS Road, Hyderabad r( oresented by its G.P.A. Holder Asst. General Manager

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M/s South lnr ia Exim^pvt. Ltd,, Represented ov it, va"i5i3P3iig:|1,t3?it#* Ram Charan- having its Regd. Offibe at Plot no 188. Phaie ii. Kamalapuri Colony, Sri N rgar Colony. Hyderabad -73.

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K.Rami Redd^,,, S/o Rosi Reddy, Aged about Z1 yrs, Occ Business, R/o 44, SBI Colony, Nanc zal, Kurnool district - 518502.

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a. I S f-aI!,aq )haran,, S/o K.Krishna Prasad, Aged about 42 yrs, Occ Business, Fyo 30/726, E )mmalasatram, Nandyal . Kurnool- 518502.

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SPY Reddy,, i/o Konda Reddy, Aged about 70 yrs, Occ Business, Fyo , Bommalasatri m, Nandyal, Kurnool - 518502.

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M/s Nandi To' lnlllip_8 ftqr Rsp by its Director T.Ravi Kumar Reddy having its office al29l1i 7-34, Flal No 5304, Sri SaiAppartments, SBI colony, Nandyial , Kurnool - 518, 02.

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Sajja-la Sreedl ar Reddy,, S/o S.V.Laxmi Reddy, Aed about 45 yrs Occ Business, Ryo 30-726, B 'mmalasatram, Nandyal . Kurnobl - 518502

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qannapuredd, Sujala,, W/o Sreedhar Reddy, 30-726-49, Bommalasatram ,

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Nandyal , Kufl ool - 518502.

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V.Aravinda Rz ri,, W/o V.SureshKumar, Ryo 30-726-49 Bommalasatram, Nandyal , Kun ool - 518502.

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10.Smt C. Ankala nma,, W/o C. Ram l.4ohan Reddy, Age 45 years, R/o 30-726-A9 Bommalasatr€ n. Nandyal , Kurnool - 518502.

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11 C.Ram Mohan Reddy,, S/o C.Sesha Reddy, Aged 50 yrs, Occ Business Ryo 30726-49 Bomm rlasatram, Nandyal , Kurnool - 518502

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l2.Singamsreedl rr Reddy,, S/o SV Subba Reddy, Age 55 yrs, Occ Business Fyo 30-726-A9 Bor rmalasatram. Nandyal , Kurnool - 518502

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...RESpoNDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances statec in the affidavit filed therewith, the High Court may be pleased toto issue an approp ate writ, order or directions more particularly onr-. in the nature

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of wril of Certiorari calling for the records relating to and connected with the Order Dt 26.9.2018 passed by the Debt Recovery Tribunal - l, Hyderabad in OA No 528 of 2017and the consequential proceedings thereof and quash or set-aside the same, as being arbitrary, illegal discriminatory, erroneous and volatile of Article 14 of the Constitution of lndia

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lA NO: 1 OF 2018

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order dated 26.9.2018 passed by the Debt Recovery Tribunal - l, Hyderabad in OA No 528 of 2017 to the extend of these petitioners property more fully shown in Schedule of Property ll, ltem No.1 of the OA , bearing portion of land in Sy. No. 8A/1D and 623/3C bearing plot No. 35 AND 36 admeasuring 697 Sti yards bearing O.No 19-1-23, situated at Clontalachenu Area of Tirupathi Municjpal Corporation, Chittoor District and pass

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lA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extent the lnterim Orderdt: 3.1.2019 in lA No: lof 2018 till thedisposal of the writ petition Counsel for the Petitioners: SRI T. V. KALYAN SINGH

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Counsel for Respondent No.^'l: SRI HABEBULLAH

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SRI OISHIT BHATTACHARJEE

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The Cou( made the following: COMMON ORDER

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HONOURABLE SRI JUSTICE UJJAL BHTryAN AND

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TTONOURABLE SMT JUSTICE P. SREE SUDHA

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WRIT PETITION Nos.46978 &,475a2 of 201.8

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COMMOI ORDER: (Per Hon'ble Sn Justice ulal Bhuyan)

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Thi order will dispose of W.P.Nos.46978 & 47582 of2018

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We tave heard Mr.T.V.Kalvan Singh, learned counsel for the petitioner and Mr. D. Bhattacharjec, lcarncd counsel lor responder t No. l-Syndicate ll.rnk.

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Peti ioners are the guarantors ol lotrn availed ol by responden . No.2 from respondent No. l. Respondent No.2 defaulted 1 repayment of the loan Ior which respondent No. 1 filed applicatior under Section 19 of the Recovery of Debts Due to Banks anc Financial Institutions Act 1993 (briefly the "1993 Act" hereinafter before the Debts Recovery Tribunal, Hyderabad which was regist( red as O.A.No.528 of 2017. O.A.No.528 of 2017 was filed for re :overy of a sum of Rs.36,67,43,120.00 (Rupees Thirty Six Crores Sixty Seven Lakhs Forty Three Thousand ancl One Hundred T renty only) with future interest. Since the defendants were absen , O.A.No.528 of 2017 proceeded ex parte vide the order dated 09.0,.2018. By order dated 26.09.2018, the same was decreed de, Iaring that the defendants are jointlv and severally liable to pa z Rs.36,67,43,120.0O ro respondent No. t with future interest @ 17,Soh p.a., from thc date ol applicarion rill the date of realization. This order is undcr clrallcnec in W.P.No.47582 of 20 18,

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4 This Court by ordcr dated 03.OL2019 had granted sray.

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Defendants filed thc interlocutory application before the Tribunal to set aside the ex parte order dated 09.03.201g and also to receive written statement, which was numbered as I.A.No.2099 of 2018. By the docket order dated O2,Oa.2O7B Tribunal allowed I.A.No.2099 ol 2Ola and,set aside t]le ex parte order dated 09.03.2018 on the following conditions :

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"(i) The petitioners/defendants shall pay l0% of the claim amount within three weeks from today.

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(ii) The petitioners/defendants shall pay costs of Rs.lOO0/- to the Ld counsel on other side within three weeks from today.

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(iii) The peti I iolrcrs / dcfendarl ts shall pa_v Rs.5OOO/- payablc to Prime Minister Nalional tlelicf !-rrnd wilhin three weeks from toda'.

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{iv) Thc pcrilroners/d.fcndanrs shall file their WS. DEA and documenls if anr b\ 03.0().20t9

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In the cr.Dl of larlUrc ol .o tpllancc of albresatci conditions. the prcsent IA slirn(ls drsnrissccl "

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It is this ordcr u.hich is undcr challenge in W.p.No,4697g ol

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201a.

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Respondent No. I has filed counter aflidavit in both the writ petitions opposing the prayers.

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After hearing learned counsel for the parties and on going through the materials on record, we are of the opinion that ttre Tribunal had taken a reasonable view in passing the docket order dated 02.08.2018. Even now, if petitioners comply with the docket order dated 02.O8-2O1,a, Tribunal may proceed in accordance with law in O.A.No.528 ol 2017. In such circumstances, we are not inclined to entertain the two writ petitions.

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Sub. -'ct to the above, both the writ petitions are dismissed. Interim or( er passed on O3.01.2019 stands vacated. Miscellaneous applicatior s, if any pending, shall stzrnd closed.

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No c, sts

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Sd/. T. TIRUMALA^DEVI ASSISTANT^REGISTRAR ,TRUE COPY/i 4L SECTION OFFICER To 1. Hcc,o^s ri T V Kalvan Sinqh^Advocate IOPUC] ?. One CC to^S .i Dishit Bhattacharjee Advocate [oPUC] One CC to^S ri Mohd. Habeebull'ah,^{Advocate (OPUC)} 4. Two CD Co1 ies One Spare⁽ opy MBC

$ik

HIGH COURT

DATED: 0410212022

iiE S 14.-
( Ct.
0I l\4Aq 2[?2
ORDER

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WP NO: 46978 AND 47582 OF 2018

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DISMISSING THE WRIT PETITIONS