The High Court dismissed two writ petitions challenging an interim order from the Debt Recovery Tribunal that allowed defendants to submit a written statement and pro-rata amounts after an initial ex parte decree.
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 FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRESENT
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
wP NO.46978 0F 201 8:
Between:
AND
-liolony,Sri NagarColony, Hyderabad -73.
l2 linggp Srq'dhar Reddy,, S/o SV Subba Reddy, Age . 55 yrs, Occ.Business R/o 30-726-As Bommalasatram' tunor''
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
selaside the sar e, as being arbitrary, iltegal discriminatory erroneous and volatile of Article 14 of the( onstitution of lndia
lA NO: 1 OF 2011
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 Cq 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
Counsel for Resp rndent No. 1: SRI MOHD. HABEBULLAH
SRI OISHIT BHATTACHARJEE
WPTITION NO: 47 t82 OF 2018
Between:
AND
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
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
lA NO: 1 OF 2018
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
lA NO: 1 OF 2019
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
Counsel for Respondent No.'l: SRI HABEBULLAH
SRI OISHIT BHATTACHARJEE
The Cou( made the following: COMMON ORDER
HONOURABLE SRI JUSTICE UJJAL BHTryAN AND
TTONOURABLE SMT JUSTICE P. SREE SUDHA
WRIT PETITION Nos.46978 &,475a2 of 201.8
COMMOI ORDER: (Per Hon'ble Sn Justice ulal Bhuyan)
Thi order will dispose of W.P.Nos.46978 & 47582 of2018
2
4 This Court by ordcr dated 03.OL2019 had granted sray.
"(i) The petitioners/defendants shall pay l0% of the claim amount within three weeks from today.
(ii) The petitioners/defendants shall pay costs of Rs.lOO0/- to the Ld counsel on other side within three weeks from today.
(iii) The peti I iolrcrs / dcfendarl ts shall pa_v Rs.5OOO/- payablc to Prime Minister Nalional tlelicf !-rrnd wilhin three weeks from toda'.
{iv) Thc pcrilroners/d.fcndanrs shall file their WS. DEA and documenls if anr b\ 03.0().20t9
In the cr.Dl of larlUrc ol .o tpllancc of albresatci conditions. the prcsent IA slirn(ls drsnrissccl "
201a.
3
\
Sd/. T. TIRUMALADEVI ASSISTANTREGISTRAR ,TRUE COPY/i 4L SECTION OFFICER To 1. Hcc,os ri T V Kalvan SinqhAdvocate IOPUC] ?. One CC toS .i Dishit Bhattacharjee Advocate [oPUC] One CC toS 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
WP NO: 46978 AND 47582 OF 2018
DISMISSING THE WRIT PETITIONS
WITHOUT COSTS
Anamala Venkata Narsimha Reddy and Ors.
Syndicate Bank
Ujjal Bhuyan
P. Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
