Single bench of the Telangana High Court allowed the withdrawal of Writ Petition No. 6697 of 2020 challenging the Bank's SARFAESI actions and stayed proceedings. The petition was dismissed as withdrawn.
Permission granted to withdraw the writ petition; it is dismissed as withdrawn without costs.
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 AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY rui/O
PRESENT
THE HONOURABLE SRI JUSTICE P NAVEEN RAO AND THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
WRIT PETITION NO: 6697 OF 2020
Between
V. Rama Rao, S/o V Basava Purnachandra Rao, Aged about 70 years, R/o H.No. 7-10, Bhagyalakshmi Colony, Road No. 5, near Netaji High School, Subhash Nagar, Jeedimetla, Hyderabad - 500055
...PETITIONER
AND
...RESPONDENTS
Petition 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Bank in declaring the account of the Petitioner as NPA without following the RBI guidelines and consequentral actron of the Respondent Bank in initiating measures under the provisions of SARFAESI Act by bringing the Petitioners property for sale vide Sale Notice Dt.2610312020 fixang the date of auction as 0710512020 and the Rule 8(6) notices Ot.l111212019 and 1110312020 as illegal, arbitrary, highhanded, violative of the provisions of SARFAESI Act and the Security lnterest Rules framed there under. in violatron of the RBI CIRCULAR NO DBR.NO BP BC I8/21 04 048/2018-19 Dt 01/01/2019 and violative of rights
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guaranteed under Article 14 and 300A of the Constitution of lndia with a consequential prayer to set aside all SARFAESI actions initiated by the Respondent Bank including the Sale Notice DI.26/0312O2O Fixing the date of auction as 07lO5l2O20 and the Rule 8(6) notices Dl. 1111212019 and 1110312020.
lA NO: 1 OF 2020
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 grant stay of all further proceedings initiated by the Respondent No. 1 under SARFAESI Act including Sale Notice dt.26-03-2020 fixing the date of auction as 0710512020 and the Rule 8(6) notaces dt.'l 111212019 and 1110312020 pending disposal of the above Writ Petition.
Counsel for the Petitioner : SRI KAILASH NATH
Counsel for the Respondent No.1 : N MEHER PRASAD
Counsel forthe Respondent No.2 : NONE APPEARED
The Court made the following: ORDER
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HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SRI JUSTICE J. SREENTVAS RAO
WRIT PETITION No.6697 OF 2O2O
ORAL ORDER:
Iearned counsel Sri Kailash Nath appearing for petitioner, lrled memo dated 2O.O8.2O22 seeking permission of the Court to withdraw the writ petition.
Permission is accorded. Accordingly, the Writ Petition is
dismissed as withdrawn.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/.N,SRIHARI //TRUECOPY// ASSrsrANrASelTttL ,, SECT-I6N OFFICER</sup>
To, 1 il; One CC to d6 ii SriiSRI KAILASH r.r HrEHen PRASAD Advocate NATH AdvocateTOPI]C-I [oPUC] .^. J. Two CDCopies BSK BS
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HIGH COURl"
DATED:0711112022
ORDER
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W.P.No.6597 of 2020
DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS
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V. Rama Rao
Punjab National Bank
P Naveen Rao
J Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
