Mr. Basavaboina Prithvi Raj v. M/S. Edelweiss Asset Reconstruction Company Limited
I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE UJJAL BHUYAN AND THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 22262 OF 2022 Between:
Mr. Basavaboina Prithvi Raj, S/o. Basavaboina Jairaj, age 45 years, Occ. Business, H.No.16-3-193/A, Plot No.326, Survey No.145, Vasanth Nagar, Hydernagar, Kukatpally Municipality, Ranga Reddy District. ...PETITIONER AND M/s. Edelweiss Asset Reconstruction Company Limited, Represented by its Authorized Officer, Having its registered office at 1st Floor, Edelweiss House Off CST Road, Kalina, Mumbai - 400098.
RESPONDENT Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewlth, the High Court may be pleased to issue a writ of Mandamus or any other appropriate writ order or direction by setting aside the advocate commissioner notice dated 22-04-2022 referring in Crl.M.P.No.22O of 2022 in pursuance of the Possession Notice dated 12-10-2021 which was allegedly issued without following the due process of law and violation of the provisions of the SARFAESI Act and against principles of natural justice and consequently direct the Debts Recovery Tribunal ll, Hyderabad to dispose of the SA lR (Dairy) No.47412022 on merits.
lA NO: 1 OF 2022 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 in pursuance of the advocate commissioner notice dated 22-04-2022, referring in Crl.M.P.No.220 of 2022 in pursuance of the Possession Notice dated 12-10-2021 under section 13(4) as alleged under SARFAESI Act, 2002 including taking physical possession of the property pending disposal of the present Writ Petition.
Counsel for the Petitioner: SRl. CHEKURI YADAGIRI Counsel forthe Respondent: SRI SRINIVAS AKKAPAKA The Court made the following: ORDER
HONOURABLE SRI JUSTICE UJJAL BHIryAN AND HONOURABLE MRS. JUSTICE SUREPALLI NANDA W.P.No.22262 of 2022 Order: (Per Hon'ble Sri Justice Ulal Bhugan) Heard Mr. Ch. Yadagiri, learned counsel for the petitioner.
2. Petitioner is aggrieved by notice dated 22.04.2022 issued by the Advocate Commissioner to hand over vacant physical possession of the schedule property
3. It appears that for default by the petitioner 1n repayment of loan from HDB Financial Services Limited, the secured creditor invoked the provisions oI the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest AcL, 2OO2 (for short 'the SARFAESI Act'), and assigned recovery of dues to the respondent, where after respondent issued notice under Section 13 (a) of the SARFAESI Act on l2.l0.2O2l. r\s per the possession notice outstanding dues of the petitioner has been quantified atRs.74,92,683.37 as on 19.O7.'2021
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4. It is stated that against the steps taken by the respondent under the SARFAESI Act, petitioner has filed securitization application before the Debts Recovery Tribunal-ll at Hyderabad (Tribunal) under Section 17 of the SARFAESI Act, which has been numbered as S.A.(I.R) No.474 of 2022.
5. With the grievance that there is no Presiding Officer in the Tribunal rendering the salne non-functiona,l, present Writ Petition has been filed.
6. On due consideration and having regard to the orders passed by us in identical writ petitions, we are of the view that since petitioner has availed his statutory remedy under Section 17 of the SARFtrSI Act, he may proceed with his remedy for redressal of his grievance. That apart if the petitioner deposits Lso/o of the outstanding dues within 30 days from today, respondent shall not proceed further pursuant to the notice of the Advocate Commissioner dated 22.04.2022, which in any event would be subject to outcome of S.A.(I.R) No.474 of
J 2022. However, if there is any default on the part of the petitioner in making the payment as above, it would be open to the respondent to proceed in accordance with law for reaJization of dues.
7. This disposes of the Writ Petition. However, there shall be no order as to costs.
8. Miscellaneous applications, if any pending, a-lso stand closed.
{ SD/.T.KRISHNA KUM DEPUry REGI //TRUE COPY// SECTIC,N OFFICER To,
1. The Authorized Officer, M/s. Edelweiss Asset Reconstruction Conlpan Limited, Having its registered office at 1st Floor, Edelweiss House Off Road, Kalina, Mumbai - 400098.
2. One CC to Sri Chekuri Yadagiri, Advocate [OPUC]
3. One CC to Sri Srinivas Akkaraka, Advocate IOPUCI
4. Two CD Copies
5. One Spare Copy R Prr v CST CH GJ
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HIGH COURT DATED:2810412022
ORDER
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i'r,'. \ W.P.No.22262 of 2022 1 3 siP TlIl?
DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6"'(*n 'Kr"