Andhra Pradesh High Court - Amravati
Gallasowjanya vs Union Bank Of India, on 15 October, 2020
Bench: C.Praveen Kumar, J. Uma Devi
ee "6 [ 3058 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE FIFTEENTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE Ms JUSTICE J. UMA DEV! WRIT PETITION NO: 18851 OF 2020 Between: Galla Sowjanya, W/o M.Venkataramana Naidu, Hindu, Aged about 49 years, Occ: Business, Survey No. 100, Stantanpuram, Kurnool, Presently residing at C/o. K.B.Rajiv, Flat No.101, Priya Woods, New Balaji Colony, Tirupati, A.P ...Petitioner AND Union Bank Of India, East while Andhra Bank, Kurnool Branch, H.No.45/26/2B, Shopping Complex, Ashok Nagar, Kurnool -518003. represented by its Autthorised officer. ..Respondent WHEREAS the Petitioner above named through her Advocate Sri P.SREE RAMULU NAIDU presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondent in issuing the impugned 'E- auction sale notice' to alienate the petition schedule property immovable property dated 03.09.2020 (03-10-2020) and all other consequential proceedings of the respondents including auction to be held on 15-10-2020 to alienate the petition schedule property without following the procedure contemplated under the SARFASI Act 2002 and the Security Interest (Enforcement) Rules, 2002 and without issuing any notice/s provided under the law nor providing opportunity to the petitioner in other words the statutory authority as illegal, highhanded, arbitrary and malafide action of the respondent, not acted in accordance with the provisions of the enactment in question, the notice is in total violation of the principles of natural justice and also to the proceedings before the Hon'ble Supreme Court of India in Writ Petition(s)(Civil) No(s).825/2020 between GAJENDRA SHARMA Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s), Guidelines of RBI and consequently setting aside the same direct the respondent not to alienate the petitioner schedule property in the interest of justice. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P.Sree Ramulu Naidu, Advocate for the Petitioner and Sri V.Raghu Standing Counsel for the Respondent, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: The Autthorised officer, Union Bank Of India, East while Andhra Bank, Kurnool Branch, H.No.45/26/2B, Shopping Complex, Ashok Nagar, Kurnool -518003. are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 20-10-2020, on which date the case stands posted for hearing. sateen ere IA NO: 1 OF 2020 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 grant stay of all further proceedings in pursuance of the E-auction sale of notice of 'petition schedule property' of the respondent dated 03.10.2020 (03.09.2020) to be held on 15-10-2020, pending disposal of WP No. 18851 of 2020, on the file of the High Court. The Court made the following: ORDER:
"Notice before admission. Sri V.Raghu, learned Standing Counsel, takes notice for the respondent Bank. "
A perusal of the material placed before this Court would show that while the sale notice is dated 03.10.2020, the auction is sought to be held on 15.10.2020 thereby, it is clear that the statutory provisions of Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, which are held to be mandatory, are not complied with.
In view of the above, there shall be interim stay of E-auction pursuant to the notice, dated 03.10.2020.
Post on 20.10.2020 at 10:30 A.M. on top of the motion list"
Sd/- K. JAGANMOHAN~ DEPUTY REGISTRAR ITTRUE COPY// SECTION OFFICER, To,
4. The Autthorised officer, Union Bank Of India, East while Andhra Bank, Kurnool Branch, H.No.45/26/2B, Shopping Complex, Ashok Nagar, Kurnool -518003. (by RPAD- along with a copy of petition and affidavit) One CC to Sri. P.Sree Ramulu Naidu, Advocate [OPUC] One CC to Sri. V.Raghu Standing Counsel, Advocate [OPUC] Two spare copies BON MM HIGH COURT CPKJ JUDJ DATED: 15/10/2020 NOTE: POST ON 20.10.2020 AT 10:30 A.M. ON TOP OF THE MOTION LIST NOTICE BEFORE ADMISSION WP.No.18851 of 2020 INTERIM STAY Low