M/S. Rose Co v. Canara Bank

HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAO (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 7860 OF 2021 Between:

'1 . M/s. Rose Co, Proprietor Concern, 16-7-75511 and 756, Azampura Chaderghat, Hyderabad, rep by its Proprietor [/r. lt/ohammed Yousuf Khan. Aged about 56 years, Occ. Business

2. Mohammed Yousuf Khan, Mohammed Yaseen Khan, Aged about 56 years, Occ. Fl/o 16-7-424, Azampura, Hyderabad ...PETITIONERS AND Canara Bank, Regional Office, Hyderabad -"1 , D.No.6-3-915, West Block 2nd Floor, HMWS and SB Building, Khairtabad, Hyderabad- 500 004. Rep bv its The Authorised officer'

RE''.NDENTS 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 an appropriate Writ more particularly a writ in the nature of Mandamus to declare the measures of the respondent bank under SARFAESI Act by Classifying the loan account of the 1st petitioner as NPA on 31/03/2010 as being illegal and erroneous and consequently set aside the Demand Notice dated 2210112021 under Section 13 (2) oI the SARFAESI Act. 2002 and consequently to declare the action of respondent in issuing Possession Notice dated 1710312021 u/s 13 (4) against the secured property i.e. House bearing M.No.16-7-755 and 756 admeasuring 315.15 Sq. yds., Chaderghat, Azampura.

Hyderabad, taking possession on 1010312021 ol lhe 2nd petitioner as being illegal, and erroneous. fA NO: 1 OF 202'l 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 stay all further proceedings under the provisions of the SARFAESI Act, 2002 pursuant to issue of Possession Notice dated 1710312021 in respect of the secured property i.e., House bearing M.No.16-7-755 and 756 admeasuring 315.15 Sq. yds.' Chaderghat' Azampura, Hyderabad by taking Possession on 1710312021 belongs to the 2nd' pending disposal of the Main W.P.

Counsel for the Petitioner: SRl. V. V. RAMANA Counsel for the Respondents: SRI M.V.K. SATYANARANA' SC FOR BANK The Court made the following: ORDER

HON'BLE SRI ]USTICE A.RAJASHEKER REDDY AND HON'BLE DR, JUSTICE SHAMEEM AKTHER Writ Petition No.7860 of 2021 BDERj-.(per gon'ble Sri lustice A.Rajasheker ReddY) Heard Sri V.V.Ramana, learned counsel for the / petitioners and Sri M.V.K.Satyanarana, learned Standing Counsel for the respondent Bank.

Sri V.V. Ramana, learned counsel for the petitioners raised certain objections regarding demand notice under Section 13(2) of the Act and possession notice under Section 13(4) of the Act, which was issued on 77.03.2021. Learned Standing Counsel for the respondent Bank fairly submits on instructions, that the respondent Bank is withdrawing the proceedings under the Act seeking liberty to initiate proceedings afresh in accordance with law. Recording the submission of the learned Standing Counsel for the respondent Bank, the impugned demand notice dated 22.O1 .2O2t under Section 13(2) and possession notice dated 77.03.2021 under Section 13(4) of the SARFAESI Act, 2OOZ are set aside. However, it is open for the respondent Bank to proceed further in accordance with law.

Accordingly, this Writ petition is allowed to the extent indicated above. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand allowed, SD/. B.SATHYAVATHI ASSISTANT REGISTRAR \ $.-'l- ,TRUE COPY// SECTION OFFICER To,

1. The Authorised Officer, Canara Bank, Regional Office, Hyderabad -1 , D.No.6-3-915, West Block 2nd Floor, HMWS and SB Building, Khairtabad, Hyderabad- 500 004.

2. One CC to Sri V. V. Ramana, Advocate IOPUC]

3. One CC to Sri M.V.K. Satyanarana, SC for Bank, Advocate [OPUC]

4. Two CD Copies

5. One Spare Copy SM TP

HIGH COURT DATED: 0910612021 'tE -*$ .: :.

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ORDER

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WP.No.7860 of 2021 ALLOWING THE WP WITHOUT COSTS l/ ,/ llo r9 l/