Sree Srinivasa Trade Links (SSTL) v. IBDI Bank Ltd. , Basheerbagh Branch, Hyderabad
2019-03-07
ABHINAND KUMAR SHAVILI, V.RAMASUBRAMANIAN
body2019
DigiLaw.ai
JUDGMENT : V. Ramasubramanian, J. Challenging the measures taken under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'Securitisation Act'), the petitioner has come up with the above writ petition. 2. Heard Mr. Parsa Anantha Nageswara Rao, learned counsel for the petitioner and Mr. TVK Murthy, learned Standing Counsel for the respondent. 3. The petitioner availed an overdraft facility from the respondent Bank in the year 2016. The petitioner created an equitable mortgage over the property owned by him. 4. The account became a non-performing account forcing the Bank to initiate steps. When a possession notice was issued, the petitioner came up with the above writ petition. 5. When the matter came for orders as to admission, the counsel for the petitioner stated that the petitioner is prepared to discharge the balance amount due, within a period of three months. Therefore, we directed the petitioner file an affidavit to the said effect. 6. Accordingly, an affidavit sworn to by Mr. G. Raghavendar Rao, Partner of the petitioner, was filed on 22.02.2019. Paragraph No.3 of the said affidavit reads as follows: "It is respectfully submitted that as per the notice U/s.13(2) SARFAESI dt.12-06-2018, the outstanding amount is shown as Rs.49,77,659.80 out of the said demand, the petitioner has paid an amount of Rs.16,00,90900/- in different spells, between 03-10- 2018 to 27-12-2018. As per the statement of account furnished by the respondent bank along with the vacate stay petition, the balance amount due is Rs.36,70,078.80. The petitioner undertakes to pay the said amount within a period of 3 months from today. Hence, this affidavit." 7. Mr. T.V.K. Murthy, learned counsel for the respondent, submits that the amount indicated in the affidavit, was the amount due as on 27.12.2018 and that further interest and other charges are also payable. But, we do not think that the said objection can be the basis for rejection of the affidavit, when the affidavit in substance undertakes to repay the amount due. 8. Therefore, the writ petition is disposed of granting time of three (3) months from the date of receipt of a copy of this order to the petitioner to make payment of all the amounts due and clear the loan. Till then, further steps under the Securitization Act shall not be taken. 9.
8. Therefore, the writ petition is disposed of granting time of three (3) months from the date of receipt of a copy of this order to the petitioner to make payment of all the amounts due and clear the loan. Till then, further steps under the Securitization Act shall not be taken. 9. As a sequel thereto, miscellaneous petitions, if any, pending shall stand dismissed. No order as to costs.