Mrs. Suraboina Jyudith v. Union Bank Of India, (A Government Of India Undertaking)

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO WRIT PETITION No. 42439 of 2016 ORDER: (Per VRS,J) As against the order passed by the District Collector and Magistrate, Guntur, under Section 14(2) of the SARFAESI Act, 2002, the borrower has come up with the present writ petition. 2.

Heard Mr. S. Syam Sunder Rao, learned counsel for the petitioner, and Mr. B.S.Prasad, learned standing counsel for Union Bank of India, appearing for the respondents 1 and 2. 3.

From 03.11.2016, the Debts Recovery Tribunal at Hyderabad has started functioning. Therefore, it would be appropriate for the petitioner to move the Tribunal. This is not a case, which warrants the Court to allow the petitioner to bypass the alternative remedy of appeal. Therefore, giving liberty to the petitioner to move the Tribunal, the Writ Petition is dismissed.

Consequently, miscellaneous petitions if any pending in the writ petition shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J __________________________ U. DURGA PRASAD RAO, J.

6th December, 2016 cbs

VRS,J & UDPR,J WP No.42439 of 2016 THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN √ AND THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Writ Petition No.42439 of 2016 (dismissed) 6th December, 2016 cbs