Malika Begum v. The Secunderabad Co-Operative Urban Bank Ltd
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MAY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION NO: 12344 OF 2021 Between:
1. Malika Begum, W/o. IVohd Saleem Khan, Aged 42 yeas, Occ. Housewife, R/o.1-5-66/ 2, Behind Police Station, Bholakpur, Musheerabad, Hyderabad500020.
2. Mohd. Saleem Khan, S/o. l\,4ohd.Hameed Khan, Aged 47 Years, Occ. Business, R/o.1-5-66/2, Behind Police Station, Bholakpur, Musheerabad, Hyderabad500020. PETITIONERS AND The Secunderabad Co-Operative Urban Bank Ltd., 1-4-9OBl7l2lBl1 to 4, Musheerabad, Hyderabad-500020. rep. by Authorized Officer. ,..RESPONDENTS Petition under Article 226 of lhe Constitulion of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass order or orders or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, declare the Order dt.03/05/2021 in lA No.362/2021 in SA No.94/2020 passed by Debt Recovery Tribunal-1, Hyderabad, directing the petitioners to pay again Rs.20.00 lakhs by 1710512021 , even after complying the original order d1.03.12.
2020 with a delay of 4 days in payment of Rs.2.00 lakhs, oui of Rs.3,50,000/-, as illegal, arbitrary and unconstitutional and consequently set aside the said order dt.03/05/2021 passed by Debt Recovery Tribunal-1, Hyderabad, and the auction conducted by the respondent on 1511212020 in respect of schedule property, in clear violation of provisions of SARFAESI Act and Rules, 2002, even receipt of substantial amounts from the petitioners. lA NO: 1 OF 2021 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 grant stay of all further proceedings of the respondent pursuant to the Collector and District Magistrate, Hyderabad District orders vide Proceedings. No.Rev/B1lRRACl1}112021 dl.
1710212021, including registering the Sale Certificate in favour of the purchaser, pending disposal of the present Writ Petition. Counsel for the Petitioners: SRl. T. VIJAYA KUMAR Counsel for the Respondent: SRI V.
THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO.12344 OF 2O2I , ORDER: {Per the Hon'ble Justice G. Sri Devi} This Writ Petition, under Article 226 of the Constitution of India, is filed seeking a Writ of Mandamus to declare the order dated 03.05.202 I in I.A.No.362 of 2027 in S.A.No.94 of 2020 passed by the Debt Recovery Tribunal-1, Hyderabad ("the DRT" for short), as illegal, arbitrary and unco n stitutional.
Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent-Bank. During the course of arguments, learned counsel for the petitioners submitted that in compliance of the orders passed by the DRT, the petitioners have already deposited a sum of Rs.5,00,000/- within the stipulated time and seeks time to deposit the balance amount of Rs.15,00,000/-. In the light of the submissions made by the learned counsel for the petitioners, a further period of four (4) weeks from today is granted to the petitioners to deposit the balance amount of Rs.i5,00,000/- (Rupees fifteen lakh only), as directed by the DRT in its order dated 03.05.2021 in I.A.No.362 of 2O2l in S.A.No.94 of 2020.
With the said observation, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any, pending shall stand closed.
SD/- K.VENKAIAH ASSISTANT REGISTRAR G!) //TRUE GOPY// SECTION OFFICER To.
''1 . The Authorized Officer, Secunderabad Co-Operative Urban Bank Ltd ' 1-4- ' eo}h Diit l7o 4, Musheerabad' Hyderabad:500020' z. 6"n-d CClo Sri r. Vliava Kumar, Advocate IO-?!l9l
5. o;; cc io Sti V. Dtiaima Suri, Advocate [oPUC]
4. Two CD Copies CHR w v
VACATION COURT HIGH COURT DATED:1310512021
ORDER
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,F, c Hol DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,q)