S.V.DEVELOPERS Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This order will dispose of W.P.Nos.23067 of 2019, 27138 of 2019 and 22195 of 2021. We have heard Sri M. Laxmi Prasad, learned counsel appearing on behalf of Smt. Ch. Vedavathi, learned counsel for the petitioner and Sri Maruthi Jadhav, learned counsel appearing for Pearl Law Associates for the respondents.

(2.) In W.P.No.23067 of 2019 the prayer made is to set-aside the notice dtd. 8/1/2018 issued by the respondent State Bank of India (SBI) under Sec. 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (briefly, 'the SARFAESI Act' hereinafter). Petitioner in W.P.No.27138 of 2019 has sought for quashing of letter dtd. 22/11/2019 issued by the respondent/SBI stating that petitioner is not entitled to the benefit of one time settlement (OTS) scheme and further seeks a direction to the respondent/SBI to grant the benefit of OTS scheme to the petitioner in terms of the Circular of SBI dtd. 13/8/2019.

(3.) In the later Writ Petition i.e., W.P.No.22195 of 2021 the prayer made is for a declaration that respondent No.1 i.e., Debts Recovery Tribunal-I, Hyderabad would not have the jurisdiction to entertain an Original Application under Sec. 19 of the Recovery of Debts and Bankruptcy Act, 1993 (briefly "the 1993 Act" hereinafter), if respondent No.2 had first initiated proceedings under the SARFAESI Act.