Madderla Shanker vs The Karur Vysya Bank Ltd
2022 Latest Caselaw 363 Tel

          THE HON'BLE SRI JUSTICE UJJAL BHUYAN

                               AND

         THE HON'BLE SMT. JUSTICE P. SREE SUDHA

                WRIT PETITION NO.4703 OF 2021

ORDER: (Per the Hon'ble Sri Justice Ujjal Bhuyan)

        Heard Mr. A.G. Krishna Murthy, learned Senior Counsel

appearing for the petitioners and Sri G. Krishna Chaitanya,

learned counsel appearing for respondent No.1.

The present Writ Petition i.e. W.P.No.4703 of 2021 has

been filed challenging the order dated 29.01.2021 passed by

the Debts Recovery Tribunal-II, Hyderabad (Tribunal), in

I.A.No.1782 of 2020 in O.A.No.166 of 2020. Be it stated that

O.A.No.166 of 2020 was filed before the Tribunal by the first

respondent against the petitioners for recovery of outstanding

dues. In that original application, respondent No.1 filed

I.A.No.1521 of 2020 for attachment before judgment. By the

order dated 25.06.2020, Tribunal passed an ex parte

conditional order of attachment before judgment.

Petitioners filed I.A.No.1782 of 2020 for vacation of the

said order of attachment. By the order dated 29.01.2021,

I.A.No.1782 of 2020 filed by the petitioners was dismissed by

the Tribunal. It is this order, which is impugned in the

present writ proceeding.

Petitioners have filed I.A.No.1 of 2022 stating therein

that petitioners had entered into full and final settlement with

respondent No.1 towards the claim against the concerned UB,J & PSS,J W.P.NO.4703 OF 2021 (Per UB,J)

property which is residential building in Plot No.119/A and

house bearing No.1-4-200/119A, Eshwaripuri Colony, near

Kapra Lake, Sainikpuri, Hyderabad, for an amount of

Rs.55.00 lakhs.

In this connection, first respondent issued letter dated

19.01.2022 to petitioner No.1. Contents of the letter dated

19.01.2022 reads as under:

"With reference to the letter dated 27.12.2021 submitted by you, our sanctioning authority has permitted to lift the attachment order against the property i.e. Residential Building in Plot No.119A and House No.1-4-200/119A, Eshwaripuri Colony, near Kapra Lake, Sainikpuri, Hyderabad-500094, Telangana. We have received the amount of Rs.55.00 Lakhs as full and final settlement towards the lifting of attachment order against the property and there is no further claim against the property i.e. Residential Building in Plot No.119A, And House No.1-4-200/119A, Eshwaripuri Colony, Near Kapra Lake, Sainikpuri, Hyderabad- 500094, Telangana by the Karur Vysya Bank."

In view of the above, order dated 29.01.2021 passed by

the Tribunal in I.A.No.1782 of 2020 as well as order dated

25.06.2020 passed by the Tribunal in I.A.No.1521 of 2020 are

hereby set aside. Respondent No.1 is directed to release the

aforesaid property in favour of the petitioners forthwith.

However, we have not commented on the merit of O.A.No.166

of 2020 which is pending before the Tribunal for adjudication.

Accordingly, the Writ Petition is disposed of.

There shall be no order as to costs.

UB,J & PSS,J W.P.NO.4703 OF 2021 (Per UB,J)

Miscellaneous applications, if any, pending, shall stand

closed.

_____________________ (UJJAL BHUYAN, J)

_____________________ (P. SREE SUDHA, J)

1st February 2022 RRB