High Court grants stay on public auction of properties by Bank of India

The petitioner's counsel contended that both notices could not be issued simultaneously under the Act

Hyderabad: A vacation panel of the Telangana High Court comprising Justice P Naveen Rao and Justice B Vijaysen Reddy on Wednesday ordered notice to the Bank of India in a writ plea on the question as to whether the bank could issue a notice under Rule 8 (6) and Rule 9 (1) of the SARFAESI Act. The panel was dealing with a writ plea filed by SMM Paper Marketing Pvt Ltd which complained that the two notices issued by the bank were contrary to the procedures laid down by the court. Rule 8 (6) deals with mortgaged immovable property and Rule 9 (1) about public notification of auction of property. The petitioner’s counsel contended that both notices could not be issued simultaneously under the Act. The panel ordered stay on the execution of the notices and directed the bank to follow due procedure prescribed under law.

Orders on MV Tax

In another case, Justice P. Naveen Rao directed the state Transport authorities to receive amounts for advance motor vehicle tax from contract carriage and commercial vehicles. The judge made the interim order in a writ plea filed by 4Wheel Travels. According to the petitioners they represented to the Transport authorities to grant exemption for the second and third quarters in view of the lockdown due to Covid 19. The authorities, according to the petitioner, had failed to dispose of the said application and were not receiving advance tax for the last quarter until balance amount for the earlier quarters was not paid. According to the petitioners during the two quarters, there was no plying of vehicles and their representation has not been considered. The judge issued the interim directions to the authorities to collect tax fort the fourth quarter and also to consider favourably the representation on waiver for the earlier quarters.

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