A writ petition under Article 226 and a miscellaneous application under Section 151 CPC challenging debt recovery actions were dismissed by the High Court of Andhra Pradesh as withdrawn by the petitioner counsel.
No relief granted as the petition was dismissed as withdrawn.
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.
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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
4-.
HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR . AND
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 13632 OF 2024
Between:
« T
...PETITIONERS
AND
♦
&
...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 writ or order or direction more particularly in the nature of Writ of Mandamus by declaring the action of the respondents in proceeding to take over the physical possession of the property and to sale auction of D.no.132/A, Block No.3, Assessment no.388(Old) 243(new) , D.No.3-604 near Ayyappa Swami temple Undavalli, Guntur , Andhrapradesh-522501, for recovery of loan amount 38,29,413/- Rupees under Loan account No.12187130 pending appeal proceedings I.A.No.1491and1492/2024 in SA.No.268/2024 on the file of Debt Recovery Tribunal at Vishakapatnam is illegal, Arbitary, Unjust and violative of Principles of Natural Justice and against to the provisionsofSurfaceAct and consequently direct the respondents to restrain from taking the possession of the property and to restrain from conducting sale auction by giving an opportunity to the petitioner to settle the loan amount with proposal of one time settlement.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated-in the affidavit filed in support of the petition, the High Court may be pleased to pass urgent orders by restraining the 2"^ respondent from taking possession and conduct sale of the property D.No:132/A , Block No: 3, Assessment no:388(Old) 243(new), D.No:3-604 near Ayyappa Swami temple, Undavalli, Guntur, Andhrapradesh-522501 till disposal of the
l.A.No;1491&1492/2024 in SA.No;268/2024 on the file of Debt Recovery Tribunal at Vishakapatnam pending disposal of the abovewritpetition.
Counsel for the Petitioner; SRI SRINIVASULU.P
Counsel for the Respondent No.1: B.NARASIMHA SHARMA(SCFOR
CENTRAL GOVERNMENT)
Counsel for the Respondent No.2, 3 & 4: NONE
The Court made the following; ORDER
APHC010254182024
Bench Sr.No;-16 IN THE HIGH COURT OF ANDHRA PRADESH [3443] AT AMARAVATI
WRIT PETITION NO: 13632 of 2024
...Petitioners
M/s. Sai Anjana Plywood and Others
Vs.
...Respondents
Union of India and others
Mr. Srinivasulu P, Advocate for Petitioners.
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE NINALA JAYASURYA
DATE : 2"'' July, 2024
PC :
Learned counsel for the petitioners seeks to withdrawthewritpetition. The Writ Petition is, accordingly, dismissed as withdrawn. No order as to costs.
Miscellaneous applications pending, if any, shall standclosed.
/ To,
//TRUE COPY//
SD/- K KASIRAO ACHARI ASSISTANT R0SISTRAR SECTION OFFICER
HIGH COURT
DATED;02/07/2024
ORDER
WP.No.13632of 2024
5 m SEP ?nw oY.
coJJ
Current Section ^
—
DISMISSING THE W.P
AS WITHDRAWN
WITHOUT COSTS
2 issues framed by the court
Whether the writ petition seeking injunction against property sale under Article 226 should be disposed of.?
Whether the civil application under Section 151 CPC seeks interim restraint pending writ disposal.
Colour shows how this judgement treated each authority
N/AReferred
3 provisions across 3 enactments
Sai Anjana Plywood
SSV Bhaskar
SSV Bhaskara Rao
Sandu Rajeswari
Union of India
HDB Financial Services Limited
Dhiraj Singh Thakur
Ninala Jayasurya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
