M/S Yada Spices P Ltd. vs Union Bank Of India,

Citation : 2021 Latest Caselaw 2761 Tel
Judgement Date : 23 September, 2021

Telangana High Court
M/S Yada Spices P Ltd. vs Union Bank Of India, on 23 September, 2021
Bench: A.Rajasheker Reddy, G Sri Devi
        HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
                         AND
             HON'BLE JUSTICE G.SRI DEVI

              Writ Petition No.20163 OF 2011

JUDGMENT:(per Hon'ble Sri Justice A.Rajasheker Reddy)

       This writ petition is filed seeking writ of certiorari

calling for the records relating to appeal in R.A.No.159 of

2010 on the file of the Debts Recovery Appellate Tribunal,

Chennai and to quash the order passed by the Debts

Recovery Appellate Tribunal, Chennai.

       Heard Sri M.Hamsa Raj, learned Standing Counsel for

the Union Bank of India-respondent who submits that

pending O.A, the writ petitioner deposited an amount of Rs.60,40,000/- and subsequent to filing of O.A, the Bank has initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For short 'the Act of 2002'). And sold the property and realized entire amount except Rs.1,20,000/- and that the Bank has no objection for refund of Rs.60,40,000/- after deducting Rs.1,20,000/-. He also submits that learned counsel for the petitioner has also no objection for such an arrangement.

In view of above facts and circumstances, this writ petition is disposed of directing the respondent Bank to refund amount of Rs.60,40,000/- with interest after deducting Rs.1,20,000/- towards the amount due to the Bank.

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:23.09.2021 tk/kvs HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE JUSTICE G.SRI DEVI Writ Petition No.20163 OF 2021 Date: 23.09.2021 tk/kvs