The High Court permitted the withdrawal of a writ petition challenging a possession notice issued by a financial institution and dismissed the petition as withdrawn without costs.
Writ Petition dismissed as withdrawn; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAvStI
(Special Original Jurisdiction)
MONDAY. THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE
PRESENT
\ I,’
THE HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU AND
THE HON’BLE SRI JUSTICE V SRINIVAS
WRIT PETITION NO: 5323 OF 2023
Between:
1. . gsiSsSSSstHsr:
...PETITIONERS
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1®‘ respondent issuing possession notice dated 11.8.2022 as per Rule 8 (1) of Security interest (enforcement) Rules 2002 and Sec 13 (2) SARFAESI ACT and the order dated 14.02.2023 passed in CrI.M.P.No. 57 of 2023 in C.F. No.430 of 2022 on the file of the Court of the Principle Senior Civil Judge - Cum - Chief Judicial Magistrate Nellore, SPSR Nellore District and its consequential proceedings trying to take the possession of the property of the petitioners Viswateja English Medium School and Viswateja Junior College situated in Ground plus 1 floors admeasuring Ac. 1.78 cents in Sy.No. 1045 and land admeasuring Ac.0.42 cents in Sy.No. 1046/2, and Ac. 1.00 cents in Sy.No. 1046/2 totaling Ac.3.28 cents situated at Duttalur Village & Mandal, SPSR
Nellore District without considering the representations of the petitioners 24.8.2022 and 28.2.23 as illegal, unwarranted, unjustified in the facts of the case, violating the Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and contrary to the SARFAESI Act and Security interest (enforcement) Rules 2002 and the RBI guidelines and consequently set aside the same by directing the 1st respondent to consider the representations submitted by the petitioners dated 24.8.2022 and 28.3.2023 to enable the petitioner for repayments of amounts within reasonable time.
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 1’* respondent to consider the representations submitted by the petitioners dated 24.08.2022 and 28.3.2023 to enable equitable settlement of the issue of repayments of amounts and reschedule the loan.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the order dated 14.2.2023 passed in CrI.M.P.No. 57 of 2023 in C.F. No.430 of 2022 on the file of the Court of the Principle Senior Civil Judge - Cum - Chief Judicial Magistrate Nellore, SPSR Nellore District and Its consequential proceedings going to taking the possession of the Viswateja English Medium School situate in Ground + 1 floors admeasuring Ac.1.78 cents in Sy.No. 1045 and land admeasuring Ac.0.42 cents in Sy.No 1046/2, and Ac. 1.00 cents in Sy.-No. 1046/2 totaling Ac.3.28 cents situated at Duttalur Village and Mandal, SPSR Nellore District.
Counsel for the Petitioners : SMT. MARELLA RADHA
Counsel for the Respondents : NONE
The Court made the following : ORDER
■ W
THE HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU & THE HON’BLE SRI JUSTICE V. SRINIVAS Writ Petition No.5323 of 2023
ORDER; (per Sri Justice D. V. S. S. Somayajulu)
Learned counsel for the petitioners seeks permission
to withdraw the Writ Petition.
Permission as sought for is accorded.
Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if.
any, pending in this Writ Petition shall stand closed.
SD/- G. SRINIVAS REDDY
.a'A « >■ ■ ■ ASSISTANT REGI^RAR
//TRUE COPY//
SECTION OFFICER
to,
1. One CC to Smt. Marella Radha Advocate [OPUC]
2. Two GD Copies
PV
Cnr
HIGH COURT
DATED:10/04/2023
ORDER
WP.No.5323 of 2023
5
S I AUG 2023
1-
DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS
4 provisions across 4 enactments
Visateja English Medium School
Viswateja Junior College
Finserve Private Limited
V. Srinivas
D. V. S. S. Somayajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
