TS High court instructs BoI to follow stipulated rules under Sarfaesi Act

The panel was dealing with the 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

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 the 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

Justice P Naveen Rao directed the State transport authorities to accept 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. The authorities, according to the petitioner, had failed to dispose of the said application and were not accepting advance tax for the last quarter until balance amount for the earlier quarters was 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 from the fourth quarter and also consider favourably the representation on waiver for the earlier quarters.

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