Dismissed

Kaila Poornaiah v. Idbi Bank, Danavaipeta Branch, Rajahmahendravaram

Andhra Pradesh HC14 Nov 2024WP/9320/2017

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh at Amaravati, in a writ petition challenging the bank's failure to settle a loan account, dismissed the petition as infructuous upon counsel's submission that the cause no longer survives for adjudication, without granting costs.

What did the court decide?

Dismissal of the writ petition as infructuous; no order as to costs.

Kaila Poornaiah Vs Idbi Bank, Danavaipeta… — Banking and Recovery | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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FRIDAY, THE FIFTEENTH DAY OF NOVEMBER \ TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 9320 OF 2017

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Between:

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Kalla Poornaiah, S/o David Raju, Aged about 38 years, Occ: Agriculturist, Resident of D.No.4-51, Block No.4, Paluru Village, Athili Mandal, West Godavari District, Andhra Pradesh.. .

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...PETITIONER

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AND

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IDBI Bank, Danavaipeta Branch, Rajahmahendravaram, Rep. by. its Authorized Officer.

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The Exce. Director, IDBI Tower, WTC Complex, Cuffee Parade, Mumbai.

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...RESPONDENTS

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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 in the nature of Writ of Mandamus declaring^theaction of the respondent in not acting in the spirit of settlement though the petitioner requested to settle his loan account under the one time settlement (OTS) proposal umpteen times pertaining to the Fish Tank^{KissanCreditCardloan} sanctioned to the petitioner vide sanction letter bearing^{accountNo.FTKCC} 0946551000001021 Dated 03-12-2009 as illegal, unjust, unconstitutional and against the procedures of law and against the principles of Natural Justice, while consequently to direct the respondents^{hereintoconsiderthe}

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OTS proposal keeping in mind of the natural calamities^{occurredintheyear} 2014.

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'f^A. NO: 1 OF 2017(WPMP. NO: 11551 OF 2017)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay all further proceedings in pursuance^{ofbearingloan} account No. FT KCC 0946551000001021 Dated 03-12-2009 until pending disposal of main writ petition.

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Counsel for the Petitioner: SMT. ALMAS BEGUM MOHAMMED

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Counsel for the Respondents: SRI B HARINATH RAO

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The Court made the following: ORDER

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APHC010066382017

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3329]

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FRIDAY ,THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 9320/2017

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Between:

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Kaila Poornaiah ...PETITIONER

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AND

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Idbi Bank Danavaipeta Branch Rajahmahendravaram ...RESPONDENT(S) and Others

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Counsel for the Petitioner:

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TALMAS BEGUM MOHAMMED

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Counsel for the Respondent(S):

¶34

¶35

2.B HARINATH RAO

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The Court made the following:

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¶38

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITON NO.9320 OF 2017

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ORDER;

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Heard learned counsel for the petitioner(s) and learned^counselfor the respondents.

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When the matter is taken up for hearing, learned counsel^forthe petitioner(s) submits that the cause in the present writ petition does not survive for further adjudication and the matter becomes^infructuous.

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Recording the said submission, the writ petition is^dismissedas

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infructuous. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any, pending shall stand

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closed.

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Sd/- K. TATA RAO DEPUTY REGISTRAR

//TRUE COPY//

To,

I^ECTI^fi OFFICER

One CC to Smt. Almas Begum Mohammed Advocate [OPUC]

¶52

One CC to Sri B Harinath Rao, Advocate [OPUC]

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Three CD Copies

PRK

HIGH COURT

DATED:15/11/2024

ORDER

WP.No.9320 of 2017

pi
g 2« DEC 2C2') Co,
. Current Section . ^
S^,^SPATCV^S!t^^

¶61

DISMISSING THE W.P. AS INFRUCTUOUS, WITHOUT COSTS

Kaila Poornaiah v. Idbi Bank, Danavaipeta Branch, Rajahmahendravaram

Case brief

What is this about?

What did the court decide?

Kaila Poornaiah v. Idbi Bank, Danavaipeta Branch, Rajahmahendravaram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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