Smt Ch Laxmi v. The Union Bank (erstwhile Andhra Bank)
Court: High Court for State of Telangana
Bench: A.RAJASHEKER REDDY,T.VINOD KUMAR
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-17. Smt Ch Laxmi v. The Union Bank (erstwhile Andhra Bank). Read the judgment and case details on...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND THE HON',BLE SRt JUSTTCE T. V|NOD KUMAR wRtT PET|T|ON NO. 20628 0F 2020 Between: Smt. Ch. Laxmi, W/o. Ch. Krishnamurthy, aged 40 years, Occ. Business, R/o. H. No. 6- 153, Vivekananda Chowk, Post and lt4andal, Asifabad, Kumram Bheem, Asifabad District-504293 (mobile - 9398008077). ... PETITIONER AND 1. The Union Bank (elstwhile Andhra Bank), Represented by its Branch l\,4anager, Asifabad, Kumram theem Asifabad District - 504293 (08733-279211\ 2. l\rlls. Antares Systems Limited, # 24, Sudha Comflex, 3'd Stage, 4rh Btock, Ba saveswa ra naga r, Bangalore - 560079 (mobile -9686196756). 3. IV/s. Sri Sai Ayyappa Agro Oil tVills, Sy/No 230/'1 , Jankapur Village, Asifabad IVandal, Kumram Bheem Asifabad District - 504293 Represented by its lVlanaging Partner Smt. Papini Bhagyalaxmi W/o.
Venkateshwar, aged 44 years, Occ. Business, R/o. 1 1-1 16, Shiva Keshava l\,4andir Road, Post and l\,4andal Asifabad, Kumram Bheem Asifabad District - 504293 (mobile-8247032219). 4 l\,4/s Sri Bala Sai Ginning lndustries, Sy. No. 230/1 , 2301211 , 2301212b11 , 2301212a, Jankapur Village of Asifabad lVandal, Kumram Bheem Asifabad District - 504293, Represented by its lr/anaging Partner Smt, Papini Bhagyalaxmi, W/o. Venkateshwar, aged 44 yearc, Occ. Business, R/o. 1 1 -1 16, Shiva Keshava It4andir Road, Post and I\,4andal Asifabad, Kumram Bheem Asifabad District- 504293 (mobile 824732219), 5 Smt. Papini Bhagyalaxmi, W/o. Venkateshwar, aged 44 years, Occ Business, R/o. 11-1'16, Shiva Keshava l\/andir Road, Post and lt/andal Asifabad, Kumram Bheem Asifabad District-504293 (mobile 824732219) 6 Smt. Pathi Alka, W/o. Ravi Kumar, aged about 40 years, Occ. Business, R/o. H. No.
6-154, Vivekananda Chowk, Post and lVandal Asifabad, Kumram Bheem Asifabad District - 504293, (mobile- 8790564543), 7 Smt. P Kalyani, W/o. Ivlahesh, aged about 41 years, Occ. Business, Rio. H. No. 16-102, I\,4ain Road, Chennur Post and Mandal, Mancherial District - 504201 (mobile- 9059920555). ...
RESPONDENTS Petrtion under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order or direction or Writ more particularly one in the nature of Writ of l\,4andamus declaring the action of respondents proposing to conduct public auction of Respondent firms vide Sale notice daled 1611012020 issued under Securitization and Reconstruction of Financial Assets and Enforcement of Security lnterest Act 2OO2 read with proviso to Rule B (6) of the Securrty lnterests (Enforcement) Rules 2002 as illegal, arbitrary and against the provisions of rules and also against the principles of natural justice and consequently set aside the sale notices dated 16/10/2020 issued by the Respondent No.
1 issued under Securitization and Reconstruction of Financial Assets and Enforcement of Security lnterest Acl 2002 read with proviso to Rule 8 (6) of the Security lnterests (Enforcement) Rules 2002 proposed to sale of properties of Respondent No. 3 and 4. A 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 Hlgh Court may be pleased to grant stay of all further proceedings under Sale notice dated 1611O12O20 issued by the Respondent No. 1 issued under Securitization and Reconstruction of Financial Assets and Enforcement of Security lnterest Act 2002 read with proviso to Rule 8 (6) of the Security lnterests (Enforcement) Rules 2002 pending to proposed sale of properties of Respondent No. 3 and 4 pending disposal of the above writ petition. Counsel for the Petitioner: SRI BHANU MURTHY BALA Counsel for the Respondent No.
1: SRI NAMAVARAPU RAJESHWAR RAO, ASSISTANT SOLICITOR GENERAL Counsel for the Respondent Nos. 2 to 7: - The Court made the following: ORDER .. HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND HON'BLE SRI JUSTICE T. VINOD KUMAR i WRIT PETITION No. 20628 OF 2O2O ORDER:(per Hon'ble Si Justice A. Raiosheker Reddu) Learned counsel for the petitioner submits that the cause in the Writ Petition does not survive for consideration, as such, no ,l i further orders a-re required to be passed. Recording the submission of the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, misceilaneous applications, if anr', pending in the Writ Petition, shall stand closed. SD/. K. ONESIM ASSISTANT REGISTRAR ,TRUE COPY// /:. SECTION OFFICER To, 1 . One CC to Sri Bhanu l\,4urthy Bala, Advocate IOPUC] 2. One CC to Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General (OPUC) 3. Two CD Copies.
IVP \\ \ +-- HIGH COURT DATED:1711212020 1 HE s r. 4 ( o o 3 0 DEC Zmo t: rf . , n:. 1 ORDER WP. No. 2O628 of 2020 WRIT PETITION DISMISSING THE AS INFRUCTUOUS WITHOUT COSTS -'A
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