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High Court for State of TelanganaWP/35574/2017dismissed no costs

Smt.Vemula Vyjanthi v. The Chief Manager

2017-11-06Sanjay Kumar,J. Uma Devi1 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE MS. JUSTI CE J. UMA DEVI WRI T PETI TI ON No.35574 of 2017 ORDER: (per Justice Sanjay Kumar) Challenge in this writ petition is to the action of the State Bank of India in finalising the sale in favour of the fourth respondent pursuant to the e-auction held by it on 12.06.2017 under the sale notice dated 10.05.2017.

The petitioner approached the Debts Recovery Tribunal, Hyderabad, by way of S.A.No.190 of 2016 under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and the same is pending consideration. Perusal of the order dated 09.06.2016 passed in the said S.A. by the Tribunal demonstrates that the bank was permitted to go ahead with the sale and the Tribunal merely observed that such sale would be subject to the final outcome of the proceedings.

That being so, it is for the petitioner to prosecute the pending S.A. before the Tribunal and no cause is made out for interference by this Court at this stage.

The writ petition is devoid of merit and accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

__________________________ SANJAY KUMAR, J ___________________________ J. UMA DEVI , J Date: 06.11.2017 PGS