SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(AP) 296

ANIL R.DAVE, VILAS V.AFZULPURKAR
Bhanu Constructions Company Limited – Appellant
Versus
Recovery Officer, Debts Recovery Tribunal, Hyderabad – Respondent


Advocates appeared:
Mr. S. Ravi, Counsel for the Petitioner in W.P. No. 27695 of 2007 and Respondent NO.2 in W.P. No. 9158 of 2008.
Mr. A. Rajasekhar Reddy, Assistant Solicitor General, assisted by Mr. M. Ratna Reddy, Standing Counsel for Central Government for Respondent NO.1.
Mr. B. Adinarayana Rao, Counsel for Respondent Nos.2 and 3 in W.P. No. 27695 of 2007 and Respondent Nos. 3 and 4 in W.P. No. 9158 of 2008.
Mr. D. Prakash Reddy, Senior Advocate, assisted by Mr. B. Venkatadri and Mrs. V. Dyumani, Counsel for Respondent Nos.4 to 7 in W.P. No. 27695 of 2007 and Petitioner in W.P. No. 9158 of 2008.
Mr. Ch. Srinivas, Counsel for Respondent NO.8 in W.P. 27695 of 2007.

ORDER

(Per Anil R. Dave, C.J.)

As common questions of law and fact have fallen for consideration in these two writ petitions, at the request of the learned advocates, both the petitions were heard together and are decided by this common order. Facts of both the cases, in a nutshell, are as under:

W.P.No.27695 of 2007

2. Writ Petition NO.27695 of 2007 has been filed by M/s. Bhanu Constructions Company Ltd. seeking a direction to set aside the auction conducted on 13.12.2007 and 14.12.2007 by the Recovery Officer, Debts Recovery Tribunal, Hyderabad (respondent NO.1 herein) for sale of the properties mortgaged by it in favour of respondent Nos.2 and 3. The petitioner has also sought for a direction to transfer the proceedings of R.P.No.420 of 2001 in OANo.460 of 1999 pending on the file of the Debts Recovery Tribunal, Hyderabad to the Debts Recovery Tribunal, Visakhapatnam.

3. The petitioner is engaged in the business of construction. It availed certain loan facilities from Andhra Bank, Kothi, Hyderabad and State Bank of India, Secunderabad, respondent Nos.2 and 3 herein respectively. For the purpose of securing repayment of the loans, the petitioner and its guarantors had mortgaged ce

























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top