Sri.Tatapudi Abbai vs M/S. Uco Bank
2021 Latest Caselaw 2594 Tel

         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

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

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

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