Rachapudi Sudheer v. State Bank Of India

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE K. LAKSHMAN W RI T PETTI ON Nos.1 0 2 2 8 an d 1 0 2 2 9 of 2 0 1 9 COMMON ORDER:

The grievance of the petitioners in these two cases is with regard to the sale of the secured assets by the State Bank of India by way of private treaty resulting in execution of sale deeds on 16.04.2019 in favour of respondent No.4 in each of these writ petitions. Consequential declarations are sought that the sale deeds are null and void.

2.

No interim were granted in these writ petitions. 3.

Perusal of the record reflects that there was no representation for the petitioners on three out of the seven occasions that the matters were listed.

4.

We are of the opinion that no special grounds are made out in these cases warranting exercise of extraordinary jurisdiction by this Court under Article 226 of the Constitution of India. All the more so, when the petitioners are provided an effective alternative remedy under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The writ petitions are accordingly dismissed on this short ground leaving it open to the petitioners to avail the alternative remedy provided to them in accordance with law.

Pending miscellaneous petitions shall also stand dismissed. There shall be no order as to costs.

______________ SANJAY KUMAR, J _____________ K. LAKSHMAN, J August 29, 2019/ DSK