Telangana High Court

WP/38975/2013 of Sri Vennu Madhava Rao, Vs The Chief Manager, on 31 December 2013

Cites 0, Cited by 0

G. ROHINI and HON’BLE SRI JUSTICE T. SUNIL CHOWDARY WRIT PETITION No.38975 of 2013 Date: December 31, 2013 Between: Vennu Madhava Rao. … Petitioner And 1. The Chief Manager, The Indian Bank, Zonal Office, Hyderabad & 2 others. … Respondents * * * HON’BLE Ms.

HON’BLE Ms. JUSTICE G. ROHINIandHON’BLE SRI JUSTICE T. SUNIL CHOWDARY

WRIT PETITION No.38975 of 2013

Date: December 31, 2013

Between:

Vennu Madhava Rao.

… Petitioner

And

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

1. The Chief Manager,

The Indian Bank, Zonal Office,

Hyderabad & 2 others.

… Respondents

* * *

HON’BLE Ms. JUSTICE G. ROHINIand

HON’BLE SRI JUSTICE T. SUNIL CHOWDARY

WRIT PETITION No.38975 of 2013

O R D E R: (Per Hon’ble Ms. Justice G. Rohini)

This writ petition is filed seeking a declaration that auctionnotice dated 29.11.2013 issued by respondents 1 and 2 invokingthe provisions of the Securitisation and Reconstruction ofFinancial Assets and Enforcement of Security Interest Act, 2002(for short’ the Act’) is arbitrary and illegal.

We have heard the learned counsel for both the parties.

A perusal of the impugned auction notice shows that the3[rd] respondent society committed default in payment of loanavailed from the 2[nd] respondent Bank and therefore the propertywhich is mortgaged by the 3[rd] respondent is brought to sale interms of the provisions of the Act.

As could be seen, the writ petitioner claims title to theproperty which is brought to sale through one Vennu Latchaiah bysuccession. It is claimed that the father of Vennu Latchaiah wasthe Pattedar of a total extent of land admeasuring Ac.32.13 guntasand the property in question forms part of the same.

However, even as per the own version of the writ petitioner,a registered sale deed dated 26.10.1962 was executed in favour ofthe 3[rd] respondent society in respect of the very same property byone Abdul Majid.

Thus, there is a serious dispute with regard to the titleclaimed by the writ petitioner in respect of the property in question. As we could see from the material available on record, the saidproperty is a secured asset and the title deed in favour of the 3[rd]respondent society is deposited with the 2[nd] respondent bank as asecurity to the loan availed by it. Therefore, if aggrieved, theproper remedy for the petitioner is to avail the remedy of appealunder Section 17 of the Act before the jurisdictional Tribunal, but itis not a matter to be decided in a writ petition under Article 226 ofthe Constitution of India.

Accordingly, the Writ Petition is dismissed leaving it opento the petitioner to pursue the alternative remedy of appeal, if soadvised.

Consequently the miscellaneous petitions, if any, pending inthe writ petition shall stand closed.

______________

G. ROHINI, J

Date: December 31, 2013.

__________________________

T. SUNIL CHOWDARY, J

BSB

HON’BLE Ms. JUSTICE G. ROHINIANDHON’BLE SRI JUSTICE T. SUNIL CHOWDARY

WRIT PETITION No.38975 of 2013 (Per Hon’ble Ms. Justice G. Rohini)

BSB

Date: December 31, 2013

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead