Sri. Bhanavath Hanmanth @ Banoth Hanumanthu Nayak v. State Bank of India
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO,ALOK ARADHE
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-23. Sri. Bhanavath Hanmanth @ Banoth Hanumanthu Nayak v. State Bank of India. Read the judgment and...
Judgment text
[ ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE J SREENIVAS RAO I WRIT PETIflON NO: 360260F 2024 Between: 1. Sri Bhanavath Hanmanth @ Banoth Hanumanthu Nayak, - S/o Bhanavath feerya @ Banoth Priya aged 49 years, Occ. Agriculture 2. Sri Bhanavath Yadgiri Yadgiri, S/o-. Banoth Hanumanthu @Banoth Nayak qged 34 years, Occ. Pvt. Employee p. oth R/q. H No. 1-'! 15, Saidhoni Gadda Thanda Ravalkql Village, Medchal Mandal, Medchal-Malkajgiri District. ... PETITIONERS AND 1 . State Bank of India, Retail Assets Central Processinq Center - 1891 5 Reo bv its Chief Manager/Authorized Officer, KKR Arige Coirplex, Kukatpally, Hyderabad - 500004. 2. State Balf o! lndia, Medchal Main Branch, Medchat Rep by its Chief Manager/Authorized Officer Medchal-Matkajgiri District 501401 - 3.
Debt Recovery Tribunal - ll, Hyderabad. ... 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 Order or Direction more pa(icularly one in the nature of Writ of Certiorari calling for the records relating to the Order dated 05-1 1-2024 in SA No. 42 of 2021 on the file of the Hon'ble Debt Recovery Tribunal- ll, Hyderabad the respondent No. 3 herein and after perusing the same, quash it as illegal and unjust and consequently direct the respondents bank to setfle the loan account of the petitioners with reasonable and genuine amounts and to restore possession of the secured property to the petitioners by declaring the possession notice dated 09-12-2020 issued U/sec. 13(4) Securitization Act as arbitrary and illegal.
lA NO: 1 OF 2024 Petition under section 15't cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant interim stay of all further proceedings pursuant to the possession notice dated 09- 12-2O2O, pending disposal of the writ petition. Counsel for the Petitioners: SRI C. M. R. VELU Counsel for the ResPondents: '- The Court made the following: ORDER ! r-- . ' . . i! ; - // r /:,' THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITION No. 36O26 of 2o. 24 ORDER: (Per the Hon'ble the Chief Justi. e AIok Aradhe) Mr. C. M. R. Velu, learned counsel for the petitioners. 2. This writ petition is filed against the order dated 05. 11.
2024 passed by the Debts Recovery Tribunal-Il at Hyderabad by which the Securitization Application filed by the petitioners under Section 17 of the Securitization and Reconstruction of Finalcial Assets ald Enforcement of Security Interest Act, 2OO2 (hereinafter referred to as the "SARFAESI Act"), namely S. A. No. 42 of 2021, has been rejected. 3. The petitioners, admittedly, have an alternative efficacious statutory remedy of filing an appeal under Section 18 of the SARFAESI Act. 4. The Supreme Court in United Bank of lndia v Satyawati Tondonr has deprecated the practice of the r (2010) 8 scc 110 High Courts in entertaining the r,vrit petitions despite availability of an alternative remedy. The aforesaid view has also been reiterated by the Supreme Court in varimadugu obi Reddy v. B. Sreenivas*1u2. The relevant extract of para 36 in Varimadugu Obi Reddy (supral reads as under: "36. In t.
l'e instant case, although the respondent borrowers initially approacheci the Debts Recovery Tribunal by hling an applicatron undcr Section 17 of the SARFAESI Act, 2OO2, but the order of the, Tribunal indeed was appealable under Section lg of thc. Act subject to the compliance of condition of pre deposir ancl without exhausting the statutory remcdy of appeal, the respondent borrowers approached the FIigh Court by frling the writ appiication under Artlcle 226 of the Constitution. We deprecate such practice of entertaining the writ application by the High Court in cxercise of junsdiction under Article 226 ol the Constitution without exhausting the alternative statutory remedy availablc under the law. This circuitous route appears to have been adopted to avoid the condition of pre-deposit contemplated under 2"a proviso to Section 1g of the 2OO2 Act. " 5. The view taken in Satyawati Tondon (suprai has been reaffirmed by a three Judge Bench of the Supreme 2 (2023) 2 SCC 168 ,,,/. ,/.
Court in PHR Inveirt Educational Society v. UCO Bank and othersa. 6. In view of aforesaid enunciation of law by the Supreme Court, we are not inclined to entertain the writ l i petition. However, liberty is reserved to the petitioners to I take recourse to the alternative remedy available to them ir under Section 18 ofthe SARFAESI Act. rl l 7. With the aforesaid liberty, the Writ petition is :, disposed of. l l Miscellaneous i applications pending, if any, shall l l stand closed. However, there shall be no order as to costs. " 2024 SCC onli ne SG 528 SD/. P. GOWRI SHANKAR ASSISTANT REG]STRAR //TRUE COPY// A SECTION OFFICER I To I 1 . The chief Manager/Authorized officer, state Bank of rndia, Retail processi-no Assets Centrat Cenrer _ t eS 1 5 k(n-A,i6. *6,j r"pf Ku katpa I ty, I Hyderabad -l S00Ob4. "*, 2' chief Manaser/Authorized. o[cg1 slqte Bank of rndia, Medchar -' "'-'" lVrain Branch, Medchal Medchal-Matkajgiri Oistri'ctS0i4Ol '- ' 3 DebtRecovery Tribunal :ll, Hyderabad.
4 one CC to SRt C. M. R. VELU, Advocate tOpUCI 5 Two CD Copies PSK. BS CC TODAY HIGH COURT DATED:2311212024 4:,. a ST AI-G Q -? -k ORDER q v J ? [2[ [-: [';li 2':1 of 2024 ^)' WP. No. 36026 O tv. ,/ t -? -,a rt i ;' OF THE WRIT PETITION DISPOSING WITHOUT COSTS I , I
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