Dismissed

Sri.R.Nagendra Naik v. Reserve Bank of India

Telangana HC18 Jul 2023WP/18773/2023

Case brief

AI extract

What is this about?

In this writ petition challenging possession proceedings under the SARFAESI Act, the Hon'ble High Court of Telangana granted permission to the petitioner to withdraw the petition with liberty to prefer an appeal under Section 17 of the SARFAESI Act to the Debt Recovery Tribunal.

What did the court decide?

Permission granted to withdraw the Writ Petition with liberty to approach the Debts Recovery Tribunal under Section 17 of the SARFAESI Act.

Sri.R.Nagendra Naik Vs Reserve Bank of India — Banking and Recovery | Telangana HC (2023)

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t^336E I

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

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TUESDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE THE ACTING CHIEF JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRl JUSTICE NAMAVARAPU RAJESHWAR RAO

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WRIT PETITION NO: 18773 OF 2023

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Between:

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Sri.R.Nagendra Naik, S/o Ramaswamy Naik, Aged.40 years, Occ.Bank Employee, Ri,/o.H.No.4-96l2, Gopi Krishna Colony, Ravindra Nagar, Nagaram Village and Municipality Keesara Mandal, Medchal-Malkajgiri Dist., HYderabad'

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...pETrroNER

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AND

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Reserve Bank of lndia, Rep. by its Chief Manager, Saifabad, Hyderabad. 2. Housing Development Finance Corporation Ltd (A company incorporated under Companies act), Having its Regd Office at Mumbai, with il's various Places in lndia, one of it's Branch at HDFC House H.No.3-6-3'10, Hyderaguda Road, Basheerabagh, Rep by its authorised officer Mr.Srinivas Noora

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Gangireddy Ravi Sankar Reddy, S/o Veera Badhra Reddy, Aged about 4 l Years, Occ. Army Resident of H.No.4/841, Mahatma Nagar, Yellaguntla, Cuddaph Dist-S16609.

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Erugula Venkata Naveena, W/o Gangireddy Ravi Sankar Reddy, Aged about 35 Years, Occ. House Wife, H.No.4/841 , Mahatma Nagar, Yellaguntla, cuddaph DisL516609'

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...RESpoNDENrs 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, Order or direction more particularly one in the nature of Mandamus, declaring the action of the respondent No.2 issued Possession notice dated 04.05.2023 under the provisions of the SARFAESI Act in continuation of the advocate commissioner nolice 281O412023 by taken physical^possession in respect of all that the property bearing house on Plot No.1^part in Sy.No.432 and 43314 admeasuring 154 Sq.Yds or 128.74 Sq.Mtrs having^plinth area 1250sft of RCC situated at^"Rose Garden" Rampaly village and Gram Panchayat, Keesara mandal, Medchal-Malkajgiri dist without having any^{jurisdiction,} without issuing any notice is highly illegal, arbitrary-and against the^principles of natural^justice and also violative of Articles 14, 19,21 and 300-4 of Constitution of lndia and

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consequently set a :,ide the Possession notice dated 0410512023 in contrnuation of the advocate comrr issioner notice 2810412023 tty taken physical possession in respect of all that the property bearrng house on Plot No.'1 part in Sy.No.432 and 433/4 admeasuring 1 54 Sq.Yds or 128.74 Sq.Mtrs having plinth area 1250sft of RCC situated at Rose Garden Rampaly village and Gram Panchayat, Keesara mandal, Medchal-Ma lkajgifl dist in the interest of justice

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lA NO: 1 OF 2023

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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 lo suspend the Posses,sion notice daled 0410512023 under the provisions of the SARFAESI Act in continuation of the advocate commissioner notice 2810412023 by taken physical posse:ision in respect of all that the property bearing house on Plot No.1 part in Sy.No 432 and 433/4 admeasuring^'1 54 Sq.Yds or 128.74 Sq.Mtrs having plinth area^'1250sft of RCC situated at "Rose Garden" Rampaly village and Gram Panchayat, Keosara mandal. lvled cha l-Ma lkajg iri dist in the interest of justice Counsel for the Petitioner: SRI VSRMV PRASAD SANAKA

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Counsel for the Respondents: ----

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The Court made the following: ORDER

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HON'BLE THE ACTING CHIEF JUSTICE AND

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THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

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WRIT PETITION No.18773 OF 2o23

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ORAL ORDER: I lon'bLe The A Chie Justice

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[,earned counsel for the petitioner seeks permission of the Court to witl-rdraw the writ perition with liberty to approach the Debts Recovery Tribunal by preferring appeal under Section 17 of the Securitization and Reconstruction of Financial Assets and Dnforccment of Security Interest Act, 2OO2.

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Pcrmission is accorded

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Accordingly, the Writ Petil:ion is dismissed as withdrawn with the afrrresaid liberty. No costs.

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As a sequel, miscellaneous applications pending if any in

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this writ Petition, shall stand closed.

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//TRUE^COPY//

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SD/. T. TIRUMALA^DEVI ASSISTANIREGISTRAR sEfi]tN^oFFrcER

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To, 1 One CC^{to Sri VSRMVPrasad SanakaAdvocate [OPUCI} 2. Two^{CD CoPies} MBC GJP

HIGH COURT

DATED: 1810712023

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ORDER

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WP.No.18773 of 2023

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DISMISSING THE WRIT PETITION AS WITHDRAWN,

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@*'u

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WITHOUT COSTS

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rq\r\cs

Sri.R.Nagendra Naik v. Reserve Bank of India

Case brief

What is this about?

What did the court decide?

Sri.R.Nagendra Naik v. Reserve Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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