The High Court of Andhra Pradesh treated a writ petition filed to quash an order of the Debts Recovery Tribunal as having no effective representation. It dismissed the petition for default and vacated an interim stay previously granted.
The writ petition was dismissed for default and the interim stay was vacated.
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 JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND NINE
PRESENT
THE HON'BLE MR JUSTICE V.ESWARAIAH and
THE HON'BLE MR JUSTICE SANJAY KUMAR
WRIT PETITION NO : 10428 of 2001
Between:
A.Satyanarayana, S/o. Hanumanthu, Flat No. 503, Divyasakthi Apartments, Ameerpet , Hyderabad.
PETITIONER
AND
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate Writ, order or direction more preferably one in the nature of Writ of Mandamus, declaring the impugned order dt.8-3-2001 made in I.A.No.1072/2000 in O.A.No.563/1999 on the file of the Debts Recovery Tribunal at Hyderabad (R.2) , as illegal, unfair, arbitrary, violation of principles of natural justice, contrary to law and procedure and unsusstainable, and set aside the same and pass such other consquential orders as may be considered
just in the circumstances of the case.
Counsel for the Petitioner:MR.K.SRINIVASA VARADA CHARY Counsel for the Respondent No.: SMT.K.NAGAMANI The Court made the following :
THE HONOURABLE SRI JUSTICE V.ESWARAIAH
AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR
W.P.No 10428 of 2001
O R D E R
(PER HON’BLE SRI JUSTICE V.ESWARAIAH)
This Writ Petition is filed by petitioner seeking to declare the impugned order dated 08-03-2001 made in I.A. No.1072 of 2000 in O.A. No.563 of 1999 on the file of Debts Recovery Tribunal at Hyderabad as illegal and arbitrary.
2. As there was no representation for the petitioner on 08-04-2009, the matter was directed to be listed under the caption ‘for dismissal’. In spite of the matter being listed under the caption for dismissal, today also there is no representation for the petitioner.
3. Therefore, this Writ Petition is dismissed for default. The interim stay granted by this Court on 22.05.2001 shall stand vacated.
_________________ V.ESWARAIAH, J
__________________ SANJAY KUMAR, J
DT.09.04.2009
KSH
2 issues framed by the court
Whether the writ petition filed under Article 226 of the Constitution deserves to be allowed or dismissed for default.
Whether the interim stay granted previously shall stand vacated.
1 provisions across 1 enactments
A.Satyanarayana
Bank of Baroda
The Debts Recovery Tribunal , Hyderabad
V.ESWARAIAH
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
