IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12830 of 2014 Between:
Maddela Prashantha, W/o. Late Maddela Shikhamani, Age: 56 years, Occ: Business, Presently residing at Karimnagar, Opp. Maharaja Bar and Restaurant, Jagtial Road,Karimnagar Proper and District. AND Union Bank of India, Karimnagar Main Branch, Represented by its Authorized Officer, Rajeev Chowk, Karimnagar & another .. Petitioner .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12830 of 2014 ORDER:
The case of the petitioner is that illegally, the property belonging to her husband was transferred in the name of the second respondent and the second respondent pledged the same property with the first respondent bank and obtained a loan. Having come to know that such illegal transactions were made by the second respondent, the petitioner and her children instituted O.S.No.123 of 2007 and the same is pending consideration in the Court of the Senior Civil Judge, Jagtial, Karimnagar District. Since the loan obtained from the first respondent bank is not repaid, the bank has initiated steps under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Having come to know about the same, the petitioner is stated to have submitted a representation before the first respondent bank on 21.04.2014 and the same is pending consideration with the bank. The auction which was scheduled to be held on 24.04.2014 was postponed and no date is fixed as on today.
2. Having regard to the submissions made, without expressing any opinion on merits, the Writ Petition is disposed of directing the first respondent bank to consider the representation submitted by the petitioner on 21.04.2014 and pass appropriate orders as warranted by law and communicate the same to the petitioner within a period of one (1) week from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date: 25th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12830 of 2014 Date: 25th April, 2014 KL