IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE

NAMPALLY CRIMINAL COURTS

RED HILLS, HYDERABAD

Present: Sri Y. Govinda Reddy,

Chief Metropolitan Magistrate,
Hyderabad.

Dated this the th day of NOVEMBER , 2018

Crl. M. P. No.8060 /18 in SR.No. /2018

Between:

BANK OF INDIA
Khairatabad Branch, ARB Branch
PTI Building, A C Guards,
Hyderabad, Telangana – 500004.
Rep. by it’s Authorized Officer,
Sri. Sanjay Kumar Khemky.
…… Petitioner

AND

1. M/s. Spectra Chem Labs

Sy. No. 39/A, Bacharam Village,
Hayathnagar Mandal, Rangareddy district.
Rep. by Mr. Laxman Goud Donkani.
Telangana – PIN-501505.

2. M/s. Spectra Chem Labs

2-4-157, Plot No. 88, Road No. 14
Near Venkateswara Temple,
Snehapuri Colony, Nagole,
Hyderabad, Telangana.
Rep. by Mr. Laxman Goud Donkani.

3. Mr. Laxman Goud Donkani S/o D. Shankaraiah

Age: 51 years, Occ: Business
2-74, Ganga Nagar Colony,
Bongloor X Road, Ibrahimpatnam,
Rangareddy, PIN-501510,
Telangana.

4. Mr. Padmavathi Donkani W/o Mr. Laxman Goud Donkani

Age: 46 years, Occ: Business
2-74, Ganga Nagar Colony,
Bongloor X Road, Ibrahimpatnam,
Rangareddy, PIN-501510,
Telangana.
...... Respondents

This is a petition a coming up for hearing before me in the presence of the counsel for the petitioner
and after hearing M. Kanakadurga, Counsel for the petitioner and upon perusal of the records, this
Court made the following order:

ORDER
1. Perused the petition, affidavit of the Authorised Officer of the petitioner-Bank and copied of the
material documents.

2. The petitioner is a Secured Creditor. The respondents are the borrowers and guarantors. The
respondents have availed term loan of Rs 1,95,00,000/- by executing necessary loan documents . The
schedule mentioned properties were mortgaged to the petitioner by way of depositing of title deeds.
The respondents have committed default in repaying installments as agreed upon and as such the loan
was declared as a non-performing asset. And a notice U/Sec. 13 (2) of The Securitization And
Reconstruction of Financial Assets, And Enforcement of Security Interest Act, 2002 (for short 'The
Act') was issued on 12-10-2017 demanding the outstanding amount of Rs. 2,01,80,997/- within 60
days. The respondents having received notice U/Sec. 13 (2) of The Act failed to make good of the
account. The respondents did not oppose Sec. 13 (2) notice.

3. The petitioner was constrained to issue notice U/Sec. 13 (4) of The Act and took symbolical
possession of the mortgaged property , and the same was published in two local news papers, but they
respondents did not tender anything before the petitioner within 30 days from the date of possession
notice. The respondents have not paid any amount even after the said possession notice.

4. Under the above circumstances, the petitioner sought for the appointment of an Advocate-
Commissioner for the purpose of taking physical possession of the schedule mentioned property. For
the sake of perusal let me present Sec. 14 of The Act:

“SECTION 14. CHIEF METROPOLITAN MAGISTRATE OR DISTRICT MAGISTRATE TO

ASSIST SECURED CREDITOR INTAKING POSSESSION OF SECURED ASSET

(1) Where the possession of any secured assets is required to be taken by the secured creditor or if any
of the secured asset is required to be sold or transferred by the secured creditor under the provisions of
this Act, the secured creditor may, for the purpose of taking possession or control of any such secured
asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose
jurisdiction any such secured asset or other documents relating thereto may be situated or found, to
take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District
Magistrate shall, on such request being made to him--
(a) take possession of such asset and documents relating thereto; and
(b) forward such assets and documents to the secured creditor.

(2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief
Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use,
or cause to be used, such force, as may, in his opinion, be necessary.

(3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this
section shall be called in question in any court or before any authority.”

5. Having regard to the facts an circumstances of the case, I consider that it is a fit case where the
powers U/Sec. 14 needs to be exercised and the possession of the schedule mentioned property shall be
given to the petitioner.
6. Therefore, by exercising power u/s 14 of The Act, I hereby appoint the below detailed advocate as an
Advocate-Commissioner to take physical possession of the petition schedule property, and to handover
the same to the petitioner-Bank under the cover of panchanama and inventory as per the provisions of
law, and the fee of advocate-commissioner is fixed at Rs. 7,500 (Rupees Seven Thousand Five Hundred
only) which shall be paid by the petitioner-Bank directly by way of cheque/demand draft, The advocate-
commissioner is hereby authorised to take the assistance of the local Police in taking possession of the
property. The Police officer who disobeys, without reasonable cause, this order shall be amenable for
prosecution for disobedience of Court order.

7. Issue warrant on compliance of Sec 26(D) of the Act and on delaying, no stay on affidavit.
The warrant of commission is returnable by 27-07-2018.

Petition Schedule Property

All that the Office space No. 301B, in the third beaing GMCH No. 7 -1-419/9/MS/301/B in the
complex known as ‘Manjeera Square’ having super built-up area of 3180 Sq. feet, along with One car
parking space of 130 Sq feet in Cellar Floor, together with undivided share of land 130.00 sq. yds
forming part of Sy. No. 6, 7, 8, 9, 10, 40, 244, 245, 246, and Town Sy. No. 6, 7, 8, 15, & 16, plot Nos. 6
& 7, in the premises bearing MCH No. 7-1-419, situated at Maithrivihar Complex, Ameerpet,
Hyderabad, T S and bounded by:

North : Corridor South : Open to sky

East : Open to sky West : Office space No. 301A

Name of the Advocate-Commissioner:

Smt. Qamarunnisa

Cell No. 8121667405

Typed by the Personal Assistant to my dictation, corrected and pronounced by me in the open Court on
this the 27th day of April , 2018.

CHIEF METROPOLITAN MAGISTRATE,

HYDERABAD.

WARRANT OF COMMISSION ISSUED U/S 14 OF THE SARFAESI ACT, 2002.

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE

NAMPALLY CRIMINAL COURTS, RED HILLS, HYDERABAD

Present: Sri Y. Govinda Reddy.

Chief Metropolitan Magistrate,
 Hyderabad.

Dated this the th day of NOVEMBER , 2018

Crl. M. P. No.8059 /18 in SR.No. /2018

Between:

Andhra Bank,
Port Branch,
Visakhapatnam.
Rep. by it’s Authorised Officer,
Bagada Kesava Das Naidu.
…… Petitioner

AND

1. K.Krishna Kumari, W/o. Late K. Nageswara Rao,

D.No. 9-29-10/A, Gulal Nivas,
Balaji Nagar, Siripuram, Visakhapatnam.

2. K.V.R. Vidya Sagar, S/o. Late K. Nageswara Rao,

D.No. 9-29-10/A, Gulal Nivas,
Balaji Nagar, Siripuram, Visakhapatnam.

3. K.Mohan Kumar, S/o. Late K. Nageswara Rao,

Flat No. 401, Plot No. 18,
Padmaja Mansion –II,
Srinagar Colony, Hyderabad- 501 160.

4. B. Geetha Devi, W/o. B. Kasi Viswanatham,

S/o. Late K. Nageswara Rao,
D.No. 9-29-10/A, Gulal Nivas,
Balaji Nagar, Siripuram, Visakhapatnam.

5. Shaik Saleem,
D.No. 7-1-55/1, Flat No. 501,
5th Floor, Saikasi Mansion Apartments,
Chinawaltair, Visakhapatnam.
...... Respondents

To

Smt. Qamarunnisa

Cell No. 8121667405

Advocate-Commissioner

Whereas the petitioner filed a petition under Section 14 of Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002, praying this Court to take physical
possession of the below detailed mortgaged property. Upon considering the same, you are hereby
appointed as an Advocate-Commissioner in this matter to take physical possession of the schedule
mentioned property and to handover the same to the petitioner bank's authorized officer.

You are directed to conduct an inventory panchanama noting down the articles present in the property
and also the permanent fixtures attached to the property. You shall issue 15 days notice to the
occupant, if anybody is present in the schedule property. You are empowered to break open the locks,
if any, to the schedule property to gain entry into the property. You are authorized to take the
assistance of local Police Officers, if necessary, and the Police Officer concerned are hereby directed to
assist you in executing the warrant. You are further directed to take photographs covering the handing
over of the property and file the same. Your fee is fixed at Rs. 7,500 (seven thousand five hundred)
which is directly payable to you. You are directed to follow the strict procedure as has been laid down
in the SARFAESI Act.

7. Issue warrant on compliance of Sec 26(D) of the Act and on delaying, no stay on affidavit. The
warrant of commission is returnable by 27-07-2018.

SCHEDULE OF PROPERTIES

All that the Flat No. 401 (on fourth floor) of Padmaja Mansion – II, admeasuring 2045 sft. of super
built area inclusive of Balconies and common area and parking space in stilt floor together with 76.3
Square Yards of proportoniate undivided share of land out of 763 Square Yards on Plot No. 18 in
premises No. 8-3-1027, situated at Srinagar Colony, Hyderabad and belongs to late K. Nageswara Rao.

Flat No. 401 Boundaries:

North: Flat No. 402

South: Open to Sky
East: Open to Sky
West: Open to Sky

Building Boundaries:

North: 20 feet Road

South: 40 feet Road
East: Plot No. 19
West: 40 feet Road

CHIEF METROPOLITAN MAGISTRATE,

HYDERABAD