Andhra Pradesh High Court - Amravati
M/S. Sri Ramachandra Petroleums, vs Canara Bankerstwhile Syndicate Bank on 14 August, 2020
Author: J. Uma Devi
Bench: J. Uma Devi
Ki iy Oo we IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) FRIDAY , THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE A V SESHA SAI N AND THE HONOURABLE MS JUSTICE J. UMA DEVI WRIT PETITION NO: 13999 OF 2020 Between: M/s. Sri Ramachandra Petroleums,, R.S.No.116/1, Ulavapadu Village, Ulavapadu Mandal, Prakasam Disrict, Andhra. Pradesh, Rep. by its Proprietor Smt. Ch.Revathi. Petitioner AND Canara Bank, (Erstwhile Syndicate Bank), Singarayakonda Branch, Singarayakonda Mandal, Prakasam District - 523101, Andhra Pradesh, Rep. by its Authorized Officer/Chief Manager. Respondents 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in issuing Notices dated 24/30.07.2020 under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and seeking to dispossess the petitioner from the land admeasuring 1887.60 Sq.Yds. along with constructions thereon bearing Door No.11-25, Survey No.116/1, Ward No.11, Ulavapadu Village and Mandal, Prakasam District, without complying with the procedure under Section 13(3A) of the SARFAESI Act, as arbitrary, illegal, unjust, violative of the principles of natural justice, violative of the procedure contemplated under the SARFAESI Act, 2002, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently set aside the same and direct the respondent to consider the OTS. 1A NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all further proceedings pursuant to the notice dated 12.09.2019 issued under Section 13(2) of the SARFAESI Act, pending disposal of WP 13999 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri C.V.R. Rudra Prasad, Advocate for the Petitioner and of Sri V.V.S. Hari Narayana, Standing Counsel for the Respondent, the Court made the following. ORDER:
Sri Hari Narayana, learned Standing Counsel takes notice for respondent Bank and seeks time for filing counter affidavit. Post on 19.08.2020.
Meanwhile, status quo as on today with regard to subject property shall be maintained.
SD/- K. JAGAN MOHAN DEPUT IITRUE COPY// UTY any co. SECTION OFFICER 4 oy To
1. The Authorized Officer/Chief Manager, Canara Bank, (Erstwhile Syndicate Bank), Singarayakonda Branch, Singarayakonda Mandal, Prakasam District - 523101, Andhra Pradesh.
2 One CC to SRI C.V.R. Rudra Prasad, Advocate [OPUC] 3 One CC to Sri V. V.S. Hari Narayana, Advocate [OPUC]
4. One spare copy TVR HIGH COURT AVSSJ & JUDJ DATED:14/08/2020 ORDER WP.No.13999 of 2020 STATUS QUO