WP/32268/2021 of Mohan Lal Devda Vs M/s. Asset Reconstruction Company ( India ) Ltd on 30 December 2021

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original J urisd iction)

THURSDAY, THE THIRTIETH [DAY ][OF ][DECEMBER]TWO THOUSAND AND TWENTY ONE

PRESENT

THE HONOURABLE SRIJUSTICE UJJAL BHUYANANDTHE HONOURABLE SMT JUSTICE P.MADHAVI [DEVI]

WRIT PETITION NO: 32268 10E2Q21

Between:

Mohan Lal Devda, S/o. Bahadur Singh [Devda, ][Aged about ][50 ][Years, ][Occ.]Business, Rl/o.H No. 7-1-30711 , Sanathnagar, [Hyderabad.]

...PETITIONER

AND

M/s. Asset Reconstruction Company [( lndia ]) [Ltd, ][( ][ARCIL ]), [lV/s Parijatha]Business Solution P Ltd, Special Power Agent [of ][M/s ][Asset ][Reconstruction]Company ( lndia ) Ltd at 430, 3rd Cross, [5th ][Block, H.B.R. Layout, Bangalore ][-]560043

...RESPONDENT

Petition under Article 226 ol [lhe ][Constitution ][of ][lndia ][praying ][that ][in ][the]circumstances stated in the [affidavit ][filed therewith, the ][High ][court ][may ][be ][pleased to]issue an appropriate writ, order [or ][direction more ][particularly ][one ][in ][the ][nature of]WRIT OF IUANDAI\,4US declaring the [demand ][notice ][in ][R.C ][/362/2019 ][dated]23.11 .2021 is asking/disposing [the ][petitioners house hold property bearing ][Municipal]No.7-1-30-1 admeasuring 190 square [yards ][situated ][at ][Sanath ][Nagar,]Doolkhanguda.Balakam [pet, ]Hyderabad [is ][illegal, arbitrary, ][contrary ][to the ][provisions]of the SARFAESI ACT, violation [of ][the ][principles ][of ][natural ][justice and ][as ][well as ][the]fundamental rights [guaranteed ]under [the ][constitution ][of ][lndia and set ][aside ][the ][same]and consequently direct the respondents [not ][to ][proceed ][further ][in ][pursuance ][to ][the]above said demand notice.

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 not to interfere / dispossess [the ][petitioner ][from ][his house hold ][property]bearing Municipal No. 7-1-307t1 [admeasuring 190 square ][yards ][situated ][at ][sanath]

Nagar, Doolkhanguda, Balkampet, [Hyderabad ][forthwith pending disposal of ][the ][main]

writ petition.

Counsel for the Petitioner:SRl. A [JAGAN]

Counsel for the Respondents: [---]

The Court made the following: ORDER

HONOURABLE SRI JUSTICE UJJAL BHUYANAND

HONOURABLE SNITJUSTICE P. MADHAVI DEVI

W.P.No.32268 of 2021

Ofdeti eel Han'bl, Si .la.rice ttilal Bhryan)

Heard Mr. AJagan, learned counsel for the petitioner.

2. This petition challenges demand notice dated 23.'l'1'.2027 andfurther seeks a direction to the respondent not to disPossess [the]petitioner from his house property bearing Municipal [No.7-1-307/1]admeasuring 190 square yards situated at Sanath [Nagar,]Doolkhanguda, Balkampet, Hyderabad.3. Before adverting to the impugneJ d.-r.td notice, ve [ftnd]that respondent had [rled an application under Section [19 ]of [the]Recovery of Debts and tsankruptcv Act, 1993, befcrre the [Debts]Recovery Tribunal-l at I Iyderabad ([or short 'the Tribunal') [for]recovery of a total sum of Rs.1,21,53,809.93, rvhich [rvas ][regrstered]as O.A.No.170 of 2004. Petitioner, rvho claims [to ][be ][the ][guarantor]of the borrower, rvas arrayed as defeodant [No.8 ]in [the ][aforesaid]proceedings. We further find that Tribunal decided to [proceed ][ex]parte agaiost defendant Nos.1 to 8 on 19.07.2005. Thereafter,OA.No.170 of 2004 was disposed of on [27 ][.03.2017 ]in [the ][following]maflfler:

/1The Defendants No.1 to 8 are iourtly and [sevetally llable]to pa,y a surn of Rs.1,21,53.809.93 [ps. ]@upees [One]crorc twcng' one lakhs [Frftv ][three ][thousancl ][eight]hunclrcd ninc atrcl nine6' threc [oull') ][i.c. ][a sum ][of]1;aisc to pa,y a surn of Rs.1,21,53.809.93 [ps. ]@upees [One]crorc twcng' one lakhs [Frftv ][three ][thousancl ][eight]hunclrcd ninc atrcl nine6' threc [oull') ][i.c. ][a sum ][of]1;aisc

Rs.85,59,406.32 ps. Due under Cash Credrt (Hp) withfurure interest @ 14.25olo p.a. and a sum ofRs.39,06.101.61 ps. with ftrture intcresr @ 13.25"/,,p.a., from 09.07.200.1 trll thc date of realization.furure interest @ 14.25olo p.a. and a sum ofRs.39,06.101.61 ps. with ftrture intcresr @ 13.25"/,,p.a., from 09.07.200.1 trll thc date of realization.

'l-hc Applicant llank rs cntrtled to procecr{ againstApplicant llank rs cntrtled to procecr{ againstmortgagcd/h)'pothecated properties descnbecl lnSchedules to the O.A. towards reahzation of the debtdue.Schedules to the O.A. towards reahzation of the debtdue.

l1

The Applicant Bank is entitled to proceed agaurst thepersor and properties of defendants towardsialization of the debt due.persor and properties of defendants towardsialization of the debt due.

lvThe Applicant Bank is entided to the costs of the OA,including Advocate Fee as prevailing in *re State."including Advocate Fee as prevailing in *re State."

4. Following the above, reco\rery certificate was issued ofl23.1,0.2019 and recovery proceedings \rrere initiated. As a matter offact, the parties were directed to appear before the RecoveryOfficcr of the Tribunal on25.1,1.2019.

5. It is secn that therc was no c()mpliancc. lrinzrllv, dcmandr-rotice has been issued bv the Rccovery C)fficer of the ['Iribunal ]on23.11.2021 6alling upon the certificate dcbtors including thepetitioner to appear before him on 07.01.2(122 at 10.30 a.m., forfurther proceedings.

6. Having regard to the facts as narrated above, which are selfexplanatory we do not 6nd afly good reason to interfere with theDemand Notice dated 23.71.2027. Petitioner or, for rhat matter,the other defendants l-rave not challer-rged thc orderdated27.03.2017 passed in O.A.No.170 of 2004,which has artained ,l finaltry. In such circumstances, w.e find no merir in the WntPet-ition.

7 . Writ [petition ]is, accordingly, dismissed. Related interimapplication is aiso dismisscd.is, accordingly, dismissed. Related interimapplication is aiso dismisscd.

8. No costs.

o"","ror?oJ'A?ilr=rySEcTloN or-p-rcen

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