Dhruv Medical Center v. M/S. Andra Bank

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.9228 OF 2018 Between:

Dhruv Medical Center, A Partnership Firm, Vinayak towers, Survey No.33, Bowenpally Check Post, Secunderabad, rep. by its Managing Partner Sri Kishan Chand Agarwal, R/ o.Plot No.575, Panchasheel Enclave, Behind NCL Colony Kompally, Secunderabad and others.

... Petitioners Vs.

M/ s. Andhra Bank, Specialized Asset Recovery Management Branch, Rep. by its Branch Manager, 1st Floor, Andhra Bank Buildings, Sultan bazaar, Koti and another .. Respondents For Petitioners : M/ s.Sharad Sanghi For Respondents : Sri A. Krishnam Raju Gist :

Head Note :

Cases Referred : Nil

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.9228 OF 2018 ORDER: (per V. Ramasubramanian, J) Challenging the notices issued under Rule 8 (6) and Rule 9 (1) of the Security Interest (Enforcement) Rules, 2002, the borrowers have come up with the above writ petition.

2. Heard Mr.Sharad Sanghi, learned counsel for the petitioners. Mr.A.Krishnam Raju, learned counsel takes notice for the respondents.

3. The main objection of the petitioner to the impugned action of the respondents is that the notices under Rules 8(6) and 9(1) of the Security Interest (Enforcement) Rules, 2002, are issued on the same date, clearly violating the statutory mandate. But, there is no reason why the petitioners cannot go before the Tribunal and raise the very same issue. The importance of directing the parties to avail the alternative remedy of appeal in such matters was highlighted by the Supreme Court very recently in Authorized Officer, State Bank of Travancore vs. Mathew K.C. (Civil Appeal No.1281 of 2018), dated 30.01.2018

4. Therefore, the writ petition is dismissed with liberty to the petitioner to approach the Tribunal.

5. As a sequel thereto, miscellaneous petitions, if any, pending shall stand dismissed. No order as to costs. _____________________ V. RAMASUBRAMANIAN, J _______________________ ABHINAND KUMAR SHAVILI, J March 23, 2018 KTL