M/S. New E. Jagadeshwar Books And General Stores v. The Debts Recovery Tribunal - 1
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE UJJAL BHUYAN AND THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI WRIT PETITION NO: 37471 OF 2021 Between:
tV/s. New E. Jagadeshwar Books and General stores, Prop Mr. Praveen Kumar Elisetty, S/o. Jagadeshwar Elisetty, Netaji Chowk, Badepally, Jadcherla, Mahabubnagar District. ...PETITIONER AND
1. The Debts Recovery Tribunal - 1, Hyderabad at Abids, Hyderabad.
2. Krishna Bhlma Sanirudhi Local Area Bank, Door No.5-254/11 , 12, 13, Ground Floor, BK Reddy Complex, Opp: New Bus - Stand, Jadcherla - 509301, Mahabubnagar District.
3. Sri. D. Shiva Kumar, S/o. Not known to the Petitioner, Occ: Advocate Commissioner Appointed by The Chief Judicial Magistrate at Mahabubnagar in Crl.MP.No.5'1 of 2019, C/o. Advocates Bar Association, Mahabubnagar District court at Mahabubnagar ..RE''.NDENTS Petition under Article 226 of the Constitution of India praying that in the I circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, preferably in the nature of a Writ of Certiorari, calling for records in S.A.No.16 of 2020 and the order dated 11.1O.2021 passed by the respondent no.1 and to declare the same as illegal, arbitrary malicious, motivated, violative of Articles 14, 19,21 and 306A of the constitution of lndia ad to set aside the same by allowing the S.A No. 16 of 2020 on the file of Respondent No.1.
lA NO: 1 OF 2021 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 direct the Respondents to restore the possession and management of the shops No.29-65 8s 29-66 (old No.29-51 & 29-47) Block No.29, situated at Jadcherla Municipality Mahabubnagar District to the Petitioner, by removing the seal put up by the Advocate Commissioner, during the pendency of the above writ petition.
il2il lA NO: 2 OF 2021 Petition under S rction '1 51 CPC praying that in the circumstances stated in the affidavit filed in suppor of the petition, the High Court may be pleased to suspend the operation of the Ordr r dated 11-10-2021 passed in S.A.No.16 of 2020 by the Respondent No.1 and all consequential actions including the auction proceedings, during the pendency 01 the above writ petition. Counsel for the Petitir ner: SRl. MD.AJMAL AHMED Counsel for the Respr ndents: NONE APPEARED The Court made the f< llowing: ORDER
HONOURAI]LE SRI JUSTICE UJJAL BHUYAN ANT) HONOURABLE SMT..IUSTICE P' MADHAVI DEVI \\ -P-No.-17{71 OF 2021 ORDER: (Per Hon hle Sti Jttsticc L'j.ial Bhul'tn1 Heard Mr.Md Ajmal Ahrned, Iearned counsel for the petitioner' 2.
This writ petition challenges order dated 1l'10'2021 passed by the Debts Recovery Tribunal-I, Hyderabad (Tribunal) in S'A'No'16 of 2020.
3.
Be it stated that petitioner had filed securitization application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act' 2002 (briefly, the SARFAESI Act hereinafter) against the action taken by the respondent bank against the petitioner under the SARFAESI Act' The sarne was registered S.ANo'16 ol 2020 By the order dated 11.10.2021, S.A.No.l6 of 2020 has been dismissed' Aggrieved' present writ petition has been llled'
4.
We fin<l tl.rat under Scction l8 of the SARFAESI Act' any person aggrieved by an order made by the Tribunal under Section 17' may prefer an appeal to the Appellate Tribunal within 30 days from the date ofreceipt ofthe order ofthe Tribunal' In view ofthe above' we are of the view that petitioner should approach the Appellate Tribunal by filing appeal under Section 18' If the appeal is filed within a period of 30 days from today, the same shall be considered on its own rrerit by the Appellate Tribunal'
5.
However, rve have been intbrmed that presently ttre Appellate Tribunal is not lunctional because of the absence ol the regular Chairman. Tha being the position, we direct that lor a period of 60 days from t tday, respondents shall not take any further steps pursuant to the order dated 11.10.2021 passed by the 'fribunal. Beyond the afor, ,said period, it will be entirely within the discretion of the Appellate T'ibunal to pass such order as may be deem fit and proper and in a :cordance with law. However, if the appeal is not filed, as aforesr id, respondents would be at liberty to proceed in accordance with law.
6.
Writ petit on is, accordingly. disposed of-.
7 .
Miscellan :ous applications, if any pending, shall stand closed. 8.
No costs.
SD/.K.ONESIM ASSISTANT REGISTRAR /_ {';
//TRUE COPY// SiEC'TION OFFICER To, '1, The Debts Recor :ry Tribunal - "1' Hyderabad-g!-f.blgt, Hyderabad Z. One CC to Sri M l, Ajmal Ahmed, Advocate [OPUC]
3. Two CD CoPies
4. One Spare CoPY CHR , '*{
HIGH COURT DATED:31 11212( 21
ORDER
W.P.No.37471 rfi 2021 BE S'i{ f4 2 0 ,!rit 2022 DISPOSING OI: THE WRIT PETITION WITHOUT COS iTS fl A4 l-t- / t?