| 32441 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

THURSDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE P NAVEEN RAO AN9 THE HONOURABLE DR. JUSTICE G.RADHA RANI WRIT PETITION NO: 23972 OF 2022 Between:

Talwar Auto Garages Pvt Ltd, Represented by its director Sunil Talwar, B-31, lndustrial Estate, Sanathnagar, Hyderabad-18 ...PETITIONERS AND

1. YES Bank Ltd, Rep by its Authorized Officer 1-8-387, 4th Floor, Agravanshi, Plaza HUDA Lane, S.P. Road, Secunderabad -500 003

2. Talwar Cars Pvt. Ltd, 8-2-68413-18, Plot No.18, Road No. 12 Banjara Hills, Hyderabad - 500034.

3. Talwar Mobiles Private Ltd, Plot No.160 (44145) Palny Plaza S.P.Road, Secunderabad-500 003

4. Talsons Motors Pvt, Ltd., First Floor, Talwar Towers 7-2-3114, B-3'1, lndustrial Estate, Sanath Nagar Hyderabad - 50001 8

5. Talwar lnfra Private Limited, 6-3-658, Concorde Apartments Somajiguda, Erramanzil, Hyderabad - 500 082.

6. M/s Rebel Motorcycles Pvt Ltd., 8-2-68413118, Plot No.18, Ban.jara Green Colony, Road No.12, Banjara Hills, Hyderabad - 500034 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia 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 nature of Writ of Mandamus declaring the order daled 04-2022 issued by the Hon'ble Chief Metropolitan Magistrate, Cyberabad, L.B. Nagar in Crl. M. P. No. 107 of 2022 and all consequential proceedings in this relation as illegal, arbitrary and unjust and consequentially declare the notice dated 9 May 2022 issued by the Advocate Commissioner, pursuant to the order daled .O4.2O22 issued by the Hon'ble Chief tvletropolitan Magistrate, Cyberabad, L B Nagar in CrI M P' No

1Ol ol 2O22 as illegal, arbitrary and unjust and be pleased;

lA NO: 1 OF 2022 Petition under section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings pursuant to the order daled .o4.2022 issued by the Hon'ble Chief lr,4etiopolitan ti,4agistrate, Cyberabad, L.B. Nagar in Crl M P No' 107 of 2022 and all consequential proceedings and consequentially the notice dated 09.05.2022 issued by the Advocate commissioner pursuant to the order dated .O4.2O22 issued by the Hon'ble Clvltvt Court, Ranga Reddy in Crl lvl. P No 107 of

2022 pending disposal of this Writ Petition and be pleased;

Counsel for the Petitioner(s): SRl. DUWA PAVAN KUMAR s&\

Counsel for the Respondent No1: V V S N RAJU The Court made the following: ORDER HON'BLE SRI JUSTICE F,. NAVEEN RAO HONBLE DT. JUSTICE G. RADHA RANI W.P. No. 23972 f 2022

ORDER:

(eer Uon,L'le Sri Justice p Naveen Rao)

Heard learned counsel for petitioner Sri D pavan Kumar and learned counsel for respondents Sri WSN Raju.

2. Questioning the possession notice dated 3.12.2021, petitioner hled S-A.I.R. No. 537 of 2022 before the Debt Recovery Tribunal-ll and the same is pending consideration. Alleging that DRT-II is not functioning, whereas responclent bank is taking coercive steps against the petitioner, present writ pr:tition is filed. Since at that stage there was no presiding officer at DRT_ll, this court entertained the writ petition and by order dated 26-s.2o22 passed interim order directing the first respondent bank to redr:liver the possession of the subject property to the petitioner within trvo days from date of order.

This Court further directed the petitioner to deposit 15 o/o of Rs.25,42,51,304/- which is the amount mentioned by the respondent l \

\ bank in the application filed under Section 14 of the SARFAESI Act.

This court further granted liberty to the respondent bank to take appropriate action as warranted by law, if petitioner fails to pay the above amount.

3. It is fairly submitted by learned counsel for petitioner that amount as directed by this Court by order dated 26.5.2022 was nor deposited by the petitioner.

4. The remedy against any proceedings initiated under SARFAESI Act is before DRT and on the ground that DRT-ll was not functioning u'hen this writ petition was instituted, this Court exercised discretionary jurisdiction and having regard to the contentions urged, in order to protect the interests of parties, an equitable order rvas passed directing the respondent bank to redeliver possession directing the petitioner to deposit 15 o/o of the amount claimed by the respondent trank. Petitioner admittedly did not comply with the saicl direction. Court cannot appreciate the litigant who fails to honour directions issued by the Court in exercise of equitable jurisdiction, protecting his interests.

5. At any rate, Court is now informed that Presiding Ofhcer is appointed to DRT-ll and Offircer is likely to resume office shortly. Having regard to the same, writ petition is dismissed leaving it open to the petitioner to prosecute S.A.I.R. No. 537 of 2022 before the Debt Recovery Tribunal-Il. No costs. Miscellaneous applications, if any pending stand closed.

Sd/. B. SATYAVATHI DEP GISTITAR /

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cnll SEC'TION To, 1. One CC to SRl. DUWA PAVAN KUMAR Advocate [OPUC]

2. One CC to SRl. V V S N RAJU Advocate [OPUC]

3. Two CD Copies J HIGH COUR.T PNRJ &

GRRJ DATED:2810712022 ----t\

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ORDER WP.No.23972 of 2022 WRIT PETITION IS DISMISSED WITHOUT COSTS