Petitioners sought writ intervention against a bank and DRT regarding asset sale and stay orders. The Court permitted withdrawal of the writ petition as the matter had been settled out of court and dismissed it accordingly.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE
PRESENT
THE HON'BLE MR JUSTICE V.ESWARAIAH &
THE HON'BLE MR JUSTICE SANJAY KUMAR
WRIT PETITION No.24332 of 2008
Between: 1 M/s. Siddi Vinayaka Raw & Boiled Rice Mill, Unduru Village, Samalkot Mandal, E.G. District, rep. by its Managing Partner Edala Suryanarayana. 2 Edla Suryanarayana S/o. Rudra Murthy D.No.14-2-22, Jaggammagaripet, Near Vinayaka Rice Mills, Peddapuram Road, Samalkot, East Godavari District.
3 Edla Veera Venkata Satya Rudramurty Chowdary, S/o. Suryanarayana R/o. D.No.14-2-22, Jaggammagaripet, Near Vinayaka
Rice Mills, Peddapuram Road, Samalkot, East Godavari District. 4 Edla Durga Prasad S/o. Suryanarayana R/o. D.No.14-2-22, Jaggammagaripet, Near Vinayaka Rice Mills, Peddapuram Road, Samalkot, East Godavari District. 5 Edla Lakshmi Kantham W/o. Suryanarayana R/o. D.No.14-2-22, Jaggammagaripet, Near Vinayaka Rice Mills, Peddapuram Road, Samalkot, East Godavari District. 6 Dasari Ramachandra Rao S/o. Bulli Ganiraju D.No.9-238, Muralidharanagar, Kakinada, East Godavari District. 7 Dasari Varalakshmi Manga Tayaru W/o. Ramachandra Rao R/o. D.No.14-2-22, Jaggammagaripet, Near Vinayaka Rice Mills, Peddapuram Road, Samalkot, East Godavari District.
8 Chekuri Kanaka Lakshmi Bala Tripura Sundari W/o. Pattabhi Ramayya R/o. D.No.10-214, Adivipolam, Daniyalatippa, Yanam, Pondecherry.
..... PETITIONERS
AND
1 The Central Bank of India, Samalkot Branch, Main Road, Samalkot, rep. by its Branch Manager.
2 Authorized Officer, the Central Bank of India, Samalkot Branch,
Main Road, Samalkot.
.....RESPONDENTS
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 appropriate writ, order or direction more particularly one in the nature of writ of mandamus / certiorari directing 3rd respondent to hear and decide O.A.No.158 of 2004 filed by the 1st respondent, S.A.No.92 of 2005 and C.C.No.3 of 2008 filed by the petitioners on the file of the 3rd respondent together and pass appropriate orders as the issues involved in all the cases are inter connected and further declare order or the 3rd respondent dated 30.10.2008 in dismissing I.A.No.774 of 2008 made in I.A.No.748 of 2008 in S.A.No.92 of 2005 without considering the application filed for stay of auction as arbitrary, illegal, colourable exercise of power, violative of principles of natural justice, contrary to procedure contemplated under the Recovery of Debts Due to banks and Financial Institutions Act 1993, violative of the Fundamental Rights guaranteed to the petitioners under Article 14, 19 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents 1 and 2 not to proceed with the sale of the secured assets of the petitioners and pass
Counsel for the Petitioner:MR.C.V.R.RUDRA PRASAD
Counsel for the Respondent No.: MR.CH.SIVA REDDY
The Court made the following:
Form-NIC-OGS/WP{MSN}
THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR
WRIT PETITION No.24332 of 2008
ORDER: (per Hon’ble Sri Justice V.Eswaraiah)
At the hearing, the learned counsel for the petitioners seeks permission of this Court to withdraw the present writ petition on the ground that the matter has been settled out of the Court.
The request of the learned counsel for the petitioners is conceded and the Writ Petition is, therefore, dismissed as withdrawn. No order as to costs. _____________________ V.ESWARAIAH,J
____________________________ SANJAY KUMAR,J Dated: 06.04.2009 Dsr
.... REGISTRAR
// TRUE COPY //
SECTION OFFICER To 1 The Central Bank of India, Samalkot Branch, Main Road, Samalkot, rep. by its Branch Manager.
5. 2CD copies
M/s. Siddi Vinayaka Raw & Boiled Rice Mill
Edla Suryanarayana
Edla Veera Venkata Satya Rudramurty Chowdary
Edla Durga Prasad
Edla Lakshmi Kantham
Dasari Ramachandra Rao
V.ESWARAIAH
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
