Sri. Palakurthi Nikesh Kumar v. Indian Bank
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON'BLE SRI JUSTICE K.LAKSHMAN wRtT PET|T|ON NO. 24006 0F 2020 Between:
Sri. Palakurthi Nikesh Kumar, S/o. P. Veeresham, Aged about 36 Years, Occ: Business, Fl/o. Door No. 12-1 1-1 71 , Brahmin Street, Warasiguda, Secunderabad - 500 06 1 . ...PETITIONER AND lndian Bank, Rep. by its Agthorized Officer, Secunderabad Branch, Situated al # 201 , Karan Centre, SD Road, 1'' Floor, Secunderabad - 500 005. ...RESPONDENTS Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass order or orders direction more particularly in the nature of Writ of Mandamus or any other appropriate writ, order by setting aside the orders dated 10.12.2020 in SA No 175 of 2020 which is filed by the petitioner in pursuance of the E-Auction sale notice dated 24.09.2020 fixing the auction 11.12.2020 without following the procedure contemplated under the Act and the same is to be declared as illegal, null and void Consequently direct the Debts Recovery Tribunal to pass orders on merits in SA No 175 o'f 2020.
lA NO: 1 OF 2020 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 stay of all further proceedings in pursuance of the E-Auction sale notice dated 24.09.2020 the auction conducted 11.12.2020 including issuance of the sale certificate and registration of the same.
Counsel for the Petitioner: SMT HAMSA DURGA PONNAM Counsel for the Respondents: -- The Court made the following: ORDER
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HONOURABLE SRI JUSTICE K.LAKSHMAN Writ Petition No.24006 of 2020 ORDER: (per Hon'ble Sri Jusrice A.Rajasekher Reddy) This Writ Petition is filed by the petitioner seeking to issue a direction more particularly writ of Mandamus or any other appropriate writ, by setting aside the order dated 10.L2.2020 passed in I.A.No.2199 of 2O2O in S.A.No.t75 of 2O2O by the Debts Recovery Tribunal-Il, Hyderabad wherein the tribunal granted stay subject to the petitioner herein depositing of Rs.5,00,000/- within a period of a week and another Rs.5,00,000/- within a period of three weeks thereafter, from the date of the order.
Learned counsel for the petitioner submits that the petitioner has complied with the said order with some delay. Meanwhile, the bank has taken possession of the properties. As such, the present Writ Petition is filed.
Even according to the learned counsel for the petitioner, though the petitioner complied with the order of the tribunal with some delay, the respondent - bank has taken possession of the property. When it is so, the petitioner should have approached the tribunal with an appropriate application seeking extension of time and for redelivery of the property. Instead of doing so, the petitioner has filed the present Writ Petition before this Court.
In view of the above, the Writ Petition is disposed of grating liberty to the petitioner to file an application before the tribunai seeking appropriate relief since said S.A.No.175 of 2O2O is still pending before the tribunal' There shall be no order as to costs.
Miscellaneous petitions, if any, pending sha-l1 stand closed.
SD/-CH.VENKATESWARULU "/ ASSISTANT REGIS R //TRUE COPY// SECTIO FFICER 'To, .1 . The Authorized officer, lndian Bank, Secunderabad Branch, Situated at 201, Karan Centre, SD Road, 'l"r Floor, Secunderabad - 500 005.
2. The Debts Recovery Tribunal - ll, Hyderabad. -^ S. One CC to Smt Hari'rsa Durga Ponnam, Advocate IOPUC]
4. Two CD Copies.
[/P /,f \
HIGH COURT DATED:0710112021 HE S74 ( ,4:
e .)oo
ORDER
z 22 JAit2021 WP.No.24006 of 2020 a SPA'iC DISPOSING OF THE WRIT PETITION WITHOUT COSTS (, s