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Zia Book Stall vs. Indian Bank

Court:Punjab & Haryana, Special (High Court)
Judge:Hon'ble G.Radha Rani
Case Status:Disposed
Order Date:3 Mar 2022
CNR:HBHC010040592022

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Order Issued After Hearing

Purpose:

Admission

Before:

Hon'ble Ujjal Bhuyan , A.Venkateshwara Reddy

Listed On:

28 Feb 2022

Order Text

$[3222]$

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY TWO. :PRESENT: THE HONOURABLE SRI JUSTICE UJJAL BHUYAN < AND THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO: 3471 OF 2022

Between:

M/S. ZIA Book Stall, Proprietress, Smt. Ishrat Banu, H.No.6-8-180 and 181. Opposite Vijaya Talkies, Hanam Konda, Telangana.

...Petitioner

AND

Indian Bank, Rep by its Authorised Officer, Zonal Office 3-1-860, CVRN Road. Opposite CSI Mission Hospital, Karimnagar – 505 001, Telangana.

...Respondent

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 Writ, order or direction preferably Writ of Mandamus, declaring the action of the Respondent in issuing the Notice of Sale notice dt: 23.12.2021 as illegal, arbitrary, violative of Article 14 of the Constitution of India and consequently set aside the Sale Notice and further direct the Debt Recovery Tribunal, Hyderabad to forthwith consider the I.As filed by the Petitioner in S.A.No.294 of 2019 and adjudicate the main S.A. itself expeditiously.

IA NO: 1 OF 2022

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 grant stay of all further proceedings pursuant to the Notice of Sale dt: 23.12.2021 issued by the Respondent, pending disposal of WP.No.3471 of 2022, 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 the order of the High Court order dated: 25-01-2022 made herein and upon hearing the arguments of M/s. P. PANDURANGA RAO Advocate for the Petitioner and M/s. V. DYUMANI Advocate for the Respondent, the Court made the following.

ORDER:

Learned counsel for the petitioner submits that petitioner has till date deposited Rs.35,00,000/- out of Rs.50,00,000/-. If a further period of 10 days time is granted, petitioner would be in a position to pay the remaining Rs.15,00,000/-.

In view of the above, we grant further two weeks' time to the petitioner to make the payment of Rs.15,00,000/- to the respondent Indian Bank.

In view of above, the interim order passed on 25.01.2022 shall continue till the next date i.e. 08.04.2022 as already ordered.

List on 08.04.2022.

SD/- I. NAGA LAKSHMI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

  1. The Debt Recovery Tribunal at Hyderabad.
    1. The Authorised Officer, Indian Bank, Zonal Office 3-1-860, CVRN Road, Opposite CSI Mission Hospital, Karimnagar – 505 001, Telangana (by RPAD).
    1. One CC to M/s. P. PANDURANGA RAO, Advocate [OPUC].
    1. Two spare copies ZEE

HIGH COURT

UBJ & Dr.CSLJ

DATED:03/03/2022

NOTE: LIST ON 08.04.2022

ORDER

WP.No.3471 of 2022

DIRECTION

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Case History of Orders

Order(3) - 2 Aug 2022

Final Order

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Order(2) - 3 Mar 2022

Interim Order

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Order(1) - 25 Jan 2022

Interim Order

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