State Bank Of India v. K.Jayaprakash Reddy

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE K.LAKSHMAN WRI T PETI TI ON NO.980 OF 2018 ORDER: (per SK,J) The State Bank of India, Hyderabad, the petitioner herein, seeks to challenge the order dated 07.08.2017 passed by the Debts Recovery Tribunal-II, Hyderabad, in S.A.No.659 of 2017 (old S.A.No.12 of 2006). While so, it is brought to our notice that the second respondent herein, being the auction purchaser, filed an appeal in Tender No.142 of 2018 against the very same order before the Debts Recovery Appellate Tribunal, Kolkata, and the same is pending consideration. In that view of the matter, we are of the opinion that it would not be advisable for parallel proceedings of adjudication to be undertaken against the very same impugned order.

The writ petition is dismissed on this short ground leaving it open to the petitioner bank to address arguments in the pending appeal. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

________________ SANJAY KUMAR,J _____________ K.LAKSHMAN,J Date:17.09.2019 GJ