Thirupathi, v. Bank Of India (Nationalized Bank Constituted And
THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION Nos.16618, 16620, 16633, 16636, 16654, 16657, 16658, 16659, 16788, 16790, 16791, 16792, 16795, 16796, 16801, 16805, 16813, 16818 & 16819 OF 2017 COMMON ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) The petitioners in this batch of cases seek to assail the notice issued by the advocate commissioner pursuant to the order passed by the Chief Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District, in exercise of power under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, the SARFAESI Act). 2.
It is brought to our notice by Smt.T.Vidya Rani, learned standing counsel for the Bank of India, that earlier the petitioners in this batch of cases approached this Court by way of W.P.No.6775 of 2017 and batch, wherein they challenged the very same notice issued by the advocate commissioner pursuant to the order under Section 14 of the SARFAESI Act passed by the Chief Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District. She placed before us a copy of the common order dated 09.03.2017 passed by a Division Bench of this Court in W.P.No.6775 of 2017 and batch, whereby the Division Bench granted liberty to the petitioners to avail their statutory remedies under the SARFAESI Act and dismissed the writ petitions as withdrawn. 3.
In the light of the aforestated fact, filing of the present writ petitions is nothing short of an abuse of process as the earlier
batch of cases filed by the present writ petitioners were withdrawn only with the liberty to avail appropriate remedies under the SARFAESI Act and not to file fresh writ petitions with the same prayer.
4.
The writ petitions are accordingly dismissed on this short ground. Pending miscellaneous petitions shall also stand dismissed. There shall be no order as to costs. ____________________ SANJAY KUMAR, J _______________________________ GUDISEVA SHYAM PRASAD, J Date: 01.06.2017.
TJMR