Pawan Kumar Kattela, S/0. Late Ramulu Kattela, v. Honble Debts Recovery Tribunal, Andhra Pradesh,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION No.31930 of 2016 DATE: 22.09.2016 Between:

Pawan Kumar Kattela and another ....Petitioners and Hon'ble Debts Recovery Tribunal and others ....Respondents COUNSEL FOR THE PETITIONERS : Mr. S. Malleswara Rao COUNSEL FOR THE RESPONDENTS : -----

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION No.31930 of 2016 ORDER: (Per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) Petitioners are the auction purchasers of the property belonging to respondent No.3 and mortgaged to respondent No.2. Having received the entire sale consideration, respondent No.2 has issued sale certificate on 26.05.2015 to the petitioners and delivered possession to them. However, respondent No.3 has filed Securitization Application No.303 of 2015 before respondent No.1 Tribunal. The grievance of the petitioners in this Writ Petition is that though respondent No.1 has not granted stay in the pending application, respondent No.2 is not registering the sale certificate. The obvious reason for respondent No.

2 in not registering the sale certificate is pendency of the Securitization Application. Sale certificate was issued and physical possession of the property was delivered to the petitioners. The petitioners' right to get the sale certificate registered depends upon the outcome of the Securitization Application. In this situation, we do not deem it appropriate to direct respondent No.2 to register the sale certificate pending the Securitization Application. Therefore, while declining to grant the relief claimed in this Writ Petition, respondent No.

directed to make an endeavour to dispose of S.A.No.303 of 2015 as expeditiously as possible and preferably, within six months from the date of receipt of this order.

Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of Writ Petition, WPMP.No.39481 of 2016 filed by the petitioners stands disposed of as infructuous. ___________________________ C.V. NAGARJUNA REDDY, J _____________________ G. SHYAM PRASAD, J 22nd SEPTEMBER, 2016.

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