HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
AND
HON'BLE JUSTICE G.SRI DEVI
I.A.No.2 of 2021
and
Writ Petition No.11814 OF 2021
JUDGMENT:(per Hon'ble Sri Justice A.Rajasheker Reddy)
This Writ Petition is filed challenging the action of the
respondent No.1 in making efforts to take possession of the
petitioner's residential house property H.No.4-70, Plot No.70, (admeasuring 91 sq.yds in Sy.Nos.8,9,10,11,12 (part), 19(part), 21, 22, 23, 24 and 25(part), situated at Nallagandla village, Serilingampally Mandal, R.R.District (for short 'subject property') in pursuant to the second commissioner's warrant dated 18.03.2021 in Crl.M.P.No.93 of 2021 and notice dated 22.03.2021 issued by the advocate commissioner, without considering petitioner's request letter dated 25.03.2021 for rescheduling the loan as illegal and arbitrary.
I.A.No.2 of 2021 is filed for a direction to the 1st respondent Bank and the advocate commissioner to open the seized lock and deliver the possession of the subject property to the petitioner henceforth.
Heard learned counsel for the petitioner, who submits that the petitioner was affected with covid-19 on the date of passing of interim order on 29.04.2021 and in spite of the same, he paid Rs.1,50,000/- on 17.08.2021, but could not pay the balance amount as he is still suffering with the covid complications and old age ailments. However, he submits that the petitioner is ready and willing to clear the entire outstanding loan amount 2 within a period of three months provided the Bank permits sale by private negotiations.
On the other hand, Smt. K.Nandini A.Nandini Reddy appearing for the respondent Bank vehemently opposed I.A.No.2 of 2021 and also the writ petition stating that the petitioner's account was declared as NPA in the year 2016 and that the petitioner got ample time to clear the loan, but he failed to clear the same till date and that the respondent Bank had no power to extend the time for payment of the loan amount as per the provisions of the Act of 2002.
In this case, it is to be seen that this Court has granted interim order on 29.04.2021 on a condition of petitioner depositing 30% of the outstanding amount, but I.A.No.2 of 2021 is filed seeking extension on the ground that the petitioner was affected with covid-19 apart from old age ailments. It is also stated that the petitioner got only the subject house and that he was thrown out of the house and the respondent Bank seized the same. Since, it is stated that the petitioner is ready and willing to clear of the dues, an opportunity can be given to him to pay the entire loan amount.
In view of above facts and circumstances, I.A.No.2 of 2021 is allowed on condition of the petitioner depositing Rs.1,00,000/- within a period of one week from the date of receipt of a copy of this order and on such deposit, the respondent Bank shall redeliver the subject house to the petitioner. Thereafter, the petitioner has to deposit entire outstanding amount within a period of three months, failing which, it is open for the 3 respondent Bank to proceed further in the matter, in accordance with law.
Accordingly this writ petition is also disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_________________________ A.RAJASHEKER REDDY, J ______________ G. SRI DEVI, J Date:15.09.2021 tk/kvs 4 HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE JUSTICE G.SRI DEVI Writ Petition No.11814 OF 2021 Date: 15.09.2021 tk/kvs