This writ petition challenged the bank's attempt to vacate the petitioner's mortgaged property under Section 14 of the SARFAESI Act. The court noted the loan was not for housing purposes and an O.A. was pending at the DRT, holding the cause did not survive.
Writ petition dismissed; petitioner directed to prosecute pending O.A. before DRT.
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.
[3306 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE SRI JUSTICE P.NAVEEN RAO AND
THE HONOURABLE SRI JUSTICE J,SREENIVAS RAO
WRIT PETITION NO:502 OF 2019
Between:
Sri Sarigoryr-mula Babu Rao, S/o. S. Pochaiah, aged 45 years R/o.H.No.16-10-135/1, Shiva Nagar Warangal 506 002.
...PETITIONER
AND
,,.RESPONDENTS
Petitron Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of the respondents in trying to vacate the petitioner from the mortgaged property i.e., residential house bearing H.No.1610-135/1 , Shiva Nagar, Warangal 506 002 by invoking Section 14 of SARFAESI Act through Rule 8 (1) notice dated 7.5.2018 consequently issued notice dated 25.12.2018 petitioner tenants to vacate the premises within 15 days without mentioning anything contained in the notice includes case particulars or attaching the copy of the order is illegal, arbitrary and in violation of theArticles 300-A of Constitution of lndia, consequently set aside the noticedated 25.12.2018 in the interest ofjustice.
LA.NO:1 OF 2019
Petition Under S rction 151 CPC praying that in the cirrurrrstances stated in the affidavit filed in : upport of the petition, the High Court rra'7 be pleased to stay of all further proce ,,dings pursuant to the notice dated 25 12 2O1B issued by the 4th respondent ir connection with Orders passed lhi,:f Metropolitan Magistrate, Warangal F ursuant to the property covered unde Rule 8 (1) notice, pending disposal of the main writ petition.
|.A.NO:2 OF 2019
Petition under S rction 151 CPC praying that inihe circ rrns;tances stated in the affidavit filed in sr pport of the petition, the High Ccurt nray be pleased to receive the better affidavit along with the documertr; in the above W.P No 502/2019.
Counsel for the Petitir ners : SRI.AJAY KUMAR MADISE:TTY
Counsel for the Respor lent No.1 : ASSISTANT SOLICITOR GENI:llA.L OF INDIA
Counsel for the Resp ;ndent Nos.2 & 3: SRI.A.KRISHNAM RA.ltJ
Counsel for the Resp :rndent No.4 : SRI.N.VENUGOPAL RAo
The Court made the I rllowing ORDER
PNR,J & JSR,J lY l'. No.50) of2ote
1
I a
HONOURABLE SRI JUSTICE P.NAVEEN RAO & IIONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION NO.5O2 OF 2019
ORDER: (per Hon'ble Sri Justice P.Noueen Rac-t)
t
Petitioner is the borrower and holding that petitioner defaulted in repayment of the loan obtained from the 2"d respondent-Syndicate Bank, the 2od respondent classihed the petitioner's loan account as Non-Performing Asset (NPA) and has taken recourse to the provisions of Securitization and Reconstruction of Pinancial Assets and Enforcement of Security Interest Act,2OO2 ([or short 'SARFAESI Act').
PA'R.J & JSR,) 11 l) No 502 of2019
statement was r rade. Taking note of this fact, intr:rirn order dated 22.O1.2019 wasrracated bv order dated 17.09.2019
SD/. N. CHANDRA SEKHAR RAO AS SI!;-'I\TIT REGISTRAR
//TRUE COPYi/
I
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t,' S E.rl;TICN OFFICER
\
To
1..One CC to SRl.A. AY KUMAR MADISETTY, Advocate [OFLIC]
S.A GJP .. - A}\2.
HIGH COURT
DATED:0311112 t22
ORDER
WP.No.502 of i 019
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DISMISSING TIIE W.P
WITHOUT COS rS.
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3 issues framed by the court
Whether the cause of action in the writ petition survives.
Whether Section 14 of the SARFAESI Act can be invoked to vacate premises without mentioning case particulars or attaching order copy.
Whether the petitioner's claim succeeds given the findings on the loan purpose.
3 provisions across 3 enactments
Sarigoryr-mula Babu Rao
Union Of India, Ministry of Finance
Syndicate Bank, Regional office Hyderabad
Smt. K. Malathi
Syndicate Bank, Kazipet Branch
P. Naveen Rao
J. Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
