HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
AND
HON'BLE JUSTICE G.SRI DEVI
Writ Petition No.19249 OF 2021
JUDGMENT:(per Hon'ble Sri Justice A.Rajasheker Reddy)
This writ petition is filed seeking writ of mandamus
declaring the action of the respondent Bank in conducting e-
auction dated 17.08.2021 in respect of the subject property. Heard learned counsel for the petitioners and Sri A.V.S.S.Prasad, learned counsel for the 4th respondent. Learned counsel for the 4th respondent submits that already S.A.No.147 of 2020 is filed before the Debts Recovery Tribunal-II in respect of earlier auction is pending. He also submits that the petitioner has effective alternate remedy before the Tribunal.
Learned counsel for the petitioners could not dispute the same, but however states that fraud is played by the bank officials and they were also impleaded in this writ petition by name and also registered criminal case against them.
After hearing both sides, we are of the considered opinion that the disputed questions of fact arose in the writ petition, which can be effectively dealt with by the Tribunal. More so, no extraordinary circumstances are brought to the notice of this Court for entertaining the writ petition bypassing the alternate remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For short 'the Act of 2002').
In view of the same, this writ petition is disposed of granting liberty to the petitioners to avail alternate remedy under Section 17 of the Act of 2002 and the petitioners are also given liberty to implead themselves in the pending proceedings before the Tribunal-II.
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:22.09.2021 kvs HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE JUSTICE G.SRI DEVI Writ Petition No.19249 OF 2021 Date: 22.09.2021 kvs