Telangana High Court
WP/17165/2006 of P.H.V.S. Talpa Sai Vs Authorised Officer, Central Bank of India, on 26 December 2006
Ms. JUSTICE G. ROHINI WRIT PETITION No.17165 OF 2006 ORAL ORDER: None appears for the petitioners. Heard the learned counsel for the respondents. The main writ petition is filed seeking a declaration that the action of the 1st respondent-Bank in proceeding against the secured asset
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.17165 OF 2006
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ORAL ORDER:
None appears for the petitioners.
Heard the learned counsel for the respondents.
The main writ petition is filed seeking a declaration that theaction of the 1[st] respondent-Bank in proceeding against the securedasset under the provisions of the Securitisation and Reconstruction ofFinancial Assets and Enforcement of Security Interest Act, 2002 (forshort “the Act”) as arbitrary and illegal, on the ground that the 1[st]respondent failed to follow the procedure laid down under the Act.
This Court while ordering notice by order dated 18.8.2006directed that status quo as on that day as to the nature and possessionof the property in question shall be maintained for a period of twoweeks. Subsequently, when the matter was taken up on 30.8.2006, itwas represented by the learned counsel for the petitioners that thepetitioner are ready and willing to clear the entire amount due within aperiod of four weeks, and recording the said statement, the interimorder was continued.
However, in the counter affidavit filed on behalf of therespondents, it is categorically stated that the petitioners failed to payany amount so far. No affidavit in reply has been filed disputing theversion of the respondents.
To day, when the matter is called, none appeared for thepetitioners and the learned counsel for the respondents submitted thatsince the petitioner failed to make any payment, possession of thesecured asset was already taken on 25.11.2006 through the AdvocateCommissioner appointed under Section 14 of the Act. In thecircumstances, nothing survives for adjudication on merits.
Accordingly, the writ petition is dismissed. No costs.
__________
13[th] December, 2006.Kgr
(G. ROHINI).
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.17165 OF 2006
Between:
13[th] December, 2006.
P.H.V.S. Talpa Sai and another. .. Petitioners.
And
Authorised Officer, Central Bank of India,Khairathabad Branch, Hyderabad and another. ..Respondents.