M/s. Punyavathi Enterprises vs The Authorised Officer,
Party Details
- M/s Punyavathi Enterprises
- Kosampudi Vijay Kumar
- The Authorised Officer
- The Branch Manager
Case Summary
M/s Punyavathi Enterprises and Kosampudi Vijay Kumar filed Case No. WP 20566/2023 in the High Court Of Andhra Pradesh on 10 Aug 2023 against The Authorised Officer and The Branch Manager. The case has had one hearing so far. The case was disposed of on 11 Aug 2023. 1 order has been issued in this matter.
Hearing History (1)
- 11AUG 2023Hearing
Judge: N/A
Orders (1)
- 11AUG 2023judgementView Order ↗
Order No: 1
Judgement DetailsView full order PDF ↗
THE HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU & THE HON’BLE SRI JUSTICE DUPPALA VENKATA RAMANA Writ Petition No.20566 of 2023 ORDER: (per Sri Justice D.V.S.S.Somayajulu) Heard learned counsel for the petitioners and learned counsel for the respondents.
2.
Questioning the action under the SARFAESI Act, the writ petition is filed.
3.
As per the pleadings and writ affidavit, it is clear that Securitization Application (SA) and Original Application (OA) are pending before the DRT.
OAs are posted to 20.08.2023 and the SAs are advanced and posted to 21.08.2023.
4.
Despite the same, the present writ petition is affirmed and filed on 10.08.2023.
It is a clear case of invocation of multiple jurisdictions and forum shopping.
5.
Time and again, Hon’ble Supreme Court of India clearly stated that filing of writ petition questioning the action under SARFAESI Act should not be encouraged.
6.
Considering all of the above, the writ petition is dismissed at a stage of admission itself.
There shall be no order as to costs.
As a sequel, Miscellaneous Applications, if any, pending shall also stand dismissed. _______________________________ JUSTICE D.V.S.S.SOMAYAJULU _______________________________________ JUSTICE DUPPALA VENKATA RAMANA Date: 11.08.2023.
AG 45 THE HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU & THE HON’BLE SRI JUSTICE DUPPALA VENKATA RAMANA Writ Petition No.20566 of 2023 Dated: 11.08.2023 AG