RUTESHA MISHRA KANTHA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 16.11.2018 passed by the learned Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.No.6390 of 2018, in exercise of power under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, 'the SARFAESI Act'). The said order was revalidated on 26.04.2019 whereby the Advocate Commissioner was given time up to 05.07.2019 to take possession of the secured assets and deliver the same to the Union Bank of India, the secured creditor.

(2.) The writ prayer mentions the details of the secured assets, viz., residential house bearing Door No.8-2-293/82/PN/97, Plot No.97, admeasuring 502 sq. yards in Sy.No.403, T.S.No.1, Ward No.9, Block F of Shaikpet Village and Mandal, Hyderabad District, Road No.9, Prashasan Nagar, Jubilee Hills, Hyderabad; and Flat Nos.405 and 406, Fourth Floor, Door No.7-1-58, Ameerpet, Hyderabad. The prayer of the petitioners is that till the adjudication of their suit in O.S.No.726 of 2018 pending on the file of the learned XI Additional Chief Judge, City Civil Court, Hyderabad, they should not be dispossessed.

(3.) Sri Vedula Venkataramana, learned senior counsel appearing for M/s. Bharadwaj Associates, learned counsel for the petitioners, would inform this Court that the prayer in so far as Flat Nos.405 and 406, Fourth Floor, Door No.7-1-58, Ameerpet, Hyderabad, is not being pressed.