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Judgment
This Writ Petition is filed seeking writ of mandamus declaring the final notice for removal of Material and machinery belonging to the petitioner No.1
held in the auction and physical possession taken of the property situated at Cherlapally Plot No.189/C, IDA Phase-II, Cherlapally issued by the 2nd
respondent dated 05.07.2021,while operation of orders in Suo Motu Writ Petition (Urgent) No.3 of 2021, dated 30.04.2021 and subsequent extensions
of such order on 18.06.2021 and 15.07.2021 amounts to departing from the binding effect of the directions issued by this Court.
Heard Sri Arun Kumar Satyavolu, learned counsel for the petitioners, Smt.T.Vidya Rani, learned counsel for the 2nd respondent and Sri Ambadipudi
Satyanarayana, learned counsel for the 3rd respondent.
Learned counsel for the petitioners submits that the Bank officials have misrepresented before this Court as well as before the Debts Recovery
Tribunal.
In this case, it is to be seen that the petitioners have already filed W.P.No.3464 of 2021 assailing the proceedings initiated under Section 14 of the
Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (for short ‘the Act of 2002’) and the said
writ petition was disposed of on 15.02.2021 relegating the parties therein to avail alternate remedy and that the petitioners have aval3d alternate
remedy by way of S.A.No.49 of 2021 and the present impugned notice is only for removing the articles from the premises. It is also submitted that
possession was already taken on 03.03.2021.
When S.A.No.49 of 2021 is stated to be filed against proceedings initiated under Section 14 of the Act of 2002 and same is pending before the
Tribunal, the notice dated 05.07.2021 is only off-shoot proceedings, we do not see any reason to entertain the writ petition.
Accordingly, this Writ Petition is disposed of granting liberty to the petitioner to avail remedy in S.A.No.49 of 2021 against the impugned proceedings.
It is open for the petitioners to raise all the contentions raised herein and all other contentions available to them under law before the Tribunal in
S.A.No.49 of 2021, if they are so advised, and obtain orders before the Tribunal.
There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this Writ Petition shall stand disposed of.