Mr. Mohd. Sirajuddin v. The Authorized Officer Lic Housing Finance Ltd

HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO AND HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO.19214 OF 2019

O R D E R

(Per Honourable Sri Justice M.S.Ramachandra Rao) The petitioner has filed this Writ Petition assailing the order dt.06.08.2019 in I.A.No.3899 of 2019 in S.A.No.255 of 2019 of the Debts Recovery Tribunal-II at Hyderabad passing a conditional order directing the petitioner to deposit 10% of the outstanding amount within one week from the date of the Tribunal's order and another 15% within two weeks thereafter to be paid directly to the respondents. 2.

Learned counsel for the petitioner contends that the petitioner did comply with the condition of deposit of 10% of the outstanding amount within one week period from the date of the order, but could not comply with the second condition of the order which directed him to pay 15% of the outstanding amount directly to the respondents. He contends that the petitioner is willing to pay 15% of the outstanding amount, which comes to Rs.2,60,000/-, immediately and that the inability to comply with the deposit of the 15% was on account of the fact that the petitioner was an employee and could not raise such a large sum of money immediately at that point of time.

3.

Heard Sri Bathula Raj Kiran, learned counsel for the respondents. 4.

After hearing the learned counsel on both sides, we are inclined to extend the time granted by the Debts Recovery Tribunal-II, Hyderabad

for complying with its order dt.06.08.2019 and permit the petitioner to pay the sum of Rs.2,60,000/- comprising 15% of the outstanding amount to the respondents within three days from today. On such deposit, the interim stay granted by the Debts Recovery Tribunal-II, Hyderabad shall continue and the Debts Recovery Tribunal shall dispose of S.A.No.255 of 2019 on its file after hearing the contentions of both sides as expeditiously as possible, preferably within two months from the date of receipt of a copy of this order. In default of the petitioner making payment of the 15% amount of Rs.2,60,000/- within the time aforesaid, this Writ Petition shall stand dismissed.

5.

The Writ Petition is disposed of accordingly. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ M.S.RAMACHANDRA RAO, J _________________ K. LAKSHMAN, J 11th NOVEMBER, 2019 Note: Issue C.C. tomorrow.

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