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East Godavari District

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agency area and agency courts= the suits are to be instituted before the specialized authorities in agency areas, the procedure for adjudication of those suits is similar to the suits filed under C.P.C. Issues are required to be framed, based upon the pleadings, the parties are permitted to adduce evidence and the concerned authority discharging the functions of the Court can render its judgment. In the instant case, the appellants herein presented a plaint claiming the relief of perpetual injunction. The respondents on their part filed a written statement. The Agent to Government ought to have framed an issue and then permitted the parties to adduce evidence. Instead, a report was called for from the Tahsildar. Such a course is totally impermissible in law. To certain extent, the appellants had also contributed for the improper disposal of the appeal. Based upon the report submitted by the Tahsildar, the appellants have amended the plaint schedule. Taking these developments into account, the Agent to Government dismissed the suit, leaving it open to the appellants to pursue the further remedies. The procedure adopted by the Agent to Government was not at all correct. He ought to have permitted the parties to adduce evidence and then decide the matter on merits. There was absolutely no justification to dispose of the suit without recording any evidence. On this short ground, the A.S. is allowed and the order under appeal is set aside. The matter is remanded to the Agent to Government, Kakinada for fresh consideration and disposal on merits, after recording evidence.

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY   A.S.No.1014 of 2010   JUDGMENT:   The parties hail from a scheduled area in East Godavari District.  The appellants filed O.S.No.10 of 2008 before the Agent to Government, East Godavari District at Kakinada against the respondents for the relief of perpetual injunction in respect of land admeasuring Ac.4.00 in … Continue reading

the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’).=The fact remains that the petitioner did not repay the outstanding dues of Rs.17.5 lakhs as on date and therefore, the impugned sale notices have been issued. Once the provisions of Section 13(4) of SARFAESI Act have been followed, the petitioner cannot find fault with the subsequent events, as it is for the petitioner to deliver possession or the only course open to the bank is to seek assistance from either the Chief Metropolitan Magistrate or District Magistrate. In the instant case, as the petitioner failed to deliver possession, the bank took possession of the property with the assistance of the District Collector by break opening the lock on 16.02.2009 under the cover of panchanama with regard to the inventory of immovable property, which also cannot be found fault with. – in view of the default, the respondent bank issued notice dated 08.09.2007, under Section 13(2) of the SARFAESI Act, which was acknowledged by the petitioner on 20.09.2007. It is stated that the petitioner did not give any explanation nor did he respond to the said notice and therefore, the possession notice dated 14.11.2008, under Section 13(4) read with Rule 8(1) was sent to the petitioner and he acknowledged the same on 20.11.2008. The possession notice dated 14.11.2008 was also published in Indian Express dated 25.12.2008. 4. The aforesaid averments have neither been contraverted nor the petitioner has filed any reply, therefore, it cannot be said that the procedure under Section 13 of SARFAESI Act has not been followed. Admittedly, the petitioner received Section 13(2) notice on 20.09.2007 and Section 13(4) notice was also received on 28.11.2008 but so far no action has been taken. If the procedure under Section 13 of SARFAESI Act is not followed, the course open to the petitioner is to approach the Debts Recovery Tribunal under Section 17 of the SARFAESI Act. As the procedure under Section 13 of SARFAESI Act has become final and as the petitioner neither paid the debt amount nor handed over the possession, the bank has to take recourse to Section 14 of SARFAESI Act. Under Section 14 of the SARFAESI Act it is open to the secured creditor to seek assistance of the Chief Metropolitan Magistrate or District Magistrate in taking possession of the secured asset. In the instant case, the District Collector being the District Magistrate his assistance was taken. Accordingly, the District Collector had passed orders dated 06.01.2009 and 19.01.2009 directing the SDPO, Amalapuram to provide necessary security while taking possession of the above said property.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH  AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON’BLE MR JUSTICE V.ESWARAIAH AND  THE HON’BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 3786 of 2009 BETWEEN:      Sagi Venkata Rama Gopala Krishnam Raju (Hindu) S/o. Narasimha      Raju, R/o. … Continue reading

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