Sri Jamalapur Suresh Bhojawala, v. United Bank Of India,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY , THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND FIFTEEN : PRESENT:

THE HON'BLE SRI JUSTICE: R.SUBHASH REDDY AND THE HON'BLE SRI JUSTICE: A.SHANKAR NARAYANA WPMP.NO.34637 OF 2015 IN WP. No. 21262 of 2015 Between:

Sri Jamalapur Suresh Bhojawala, S/o Krishna , ..... Petitioner AND

1. United Bank Of India, Yusufguda Branch, F5, GF11, H. No 224/5/A, Madhura Nagar, Yusufguda, Hyderabad, Represented by its Authorized officer.

2. The Debts Recovery Tribunal, Rep by its Presiding Officer, Situated at 5th Floor, Thriveni Complex, Abids, Hyderabad.

Respondent Petition under Section 151 of C.P.C. praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to extend time for payment of amount in pursuance of the orders dt. 6-8-2015 in WP.NO.21262/2015 for further period of 4 weeks and pass. pending WP No. 21262 of 2015 on the file of the High Court. WP. No. 21262 of 2015 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed here in 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 Impugned possession notice dated 31-01-2014 in taking physical possession of the House property bearing H.No.

12-5-142/2, admeasuring 138 Sq Yards in Sy No 314 Moosapet Village, Balagnagar Mandal, R.R District by the respondent bank consequently set aside any other proceedings of the respondent No. 1 as illegal, arbitrary against the principles of natural Justice and unfair; WPMP No. 27393 of 2015 Petition under Section 151 of C.P.C., praying that in the circumstances stated in the affidavit filed in the Writ Petition the High Court may be pleased to stay of all further proceedings in pursuance of the notice dated: 31-01-2014 in taking physical possession of the property of the petitioner by the respondent bank in respect of All that the House property bearing H. No. 12-5-142/2, admeasuring 138 sq. Yards in Sy. No. 314 Moosapet Village, Balanagar Mandal, R.R. District, pending disposal of the W.P. No.

21262 of 2015 on the file of the High Court; The petition coming on for hearing upon perusing the petition and affidavit filed herein and the order of the High Court dated: 20-07-2017 and upon hearing the arguments of Sri D.Raghavulu, Advocate for the Petitioner and Sri G.

ORDER:

"It is represented by the learned counsel appearing for the respondent bank that as on today, amount due is Rs. 29,39,172/-. There shall be stay of further proceedings on condition of the petitioner depositing half of the amount due, as referred above, within a period of two weeks from today. If the petitioner fails to deposit such amount, respondent bank may proceed to take further steps in accordance with law, without reference to the pendency of the proceedings before this Court". ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To

1. The Authorized Officer, United Bank Of India, Yusufguda Branch, F5, GF11, H. No 224/5/A, Madhura Nagar, Yusufguda, Hyderabad.

2. The Debts Recovery Tribunal, Rep by its Presiding Officer, Situated at 5th Floor, Thriveni Complex, Abids, Hyderabad. (ADDRESSEES 1 & 2 BY RPAD)

3. One CC to Sri D. Raghavulu, Advocate (OPUC)

4. Two spare copies.

Ksv HIGH COURT Ksv Date of drafting: 10-08-2015 RSR J & ASN J DATE: 06-08-2015

DATE: 06-08-2015

ORDER

WP. No. 21262 of 2015 STAY