Writ petition filed for mandamus against sale notice for alleged loan default. Petitioner failed to appear. Court dismissed petition in default and disposed of connected WPMP as infructuous.
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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.25821 of 2010 Date : 21-1-2011
Between : Sri Sai Garden & Function Hall Represented by its Proprietor Samudrala Veeraiah .. Petitioner
And The A.P. State Financial Corporation, Represented by its Managing Director, Hyderabad and others .. Respondents
Counsel for petitioner: None Counsel for respondents : Sri M.S. Ramachandra Rao, Standing Counsel
for APSFC
The Court made the following :
ORDER:
This Writ Petition is filed for the following substantive relief :
“…to issue an order, direction or writ more in the nature of writ of mandamus declaring the action of the respondents in issuing notice APSFC/MR & R/3498, dt.289-2010 of recall-cum-sale notice for non-payment of the alleged due amount of Rs.2,42,189/- when the respondents have committed violation of terms of loan agreement in not releasing the balance loan amount of Rs.4,34,800/- within the time prescribed and in the circumstances the suit O.S.No.2 of 2010 filed by the petitioner against the respondents for damages of Rs.10,00,000/- is pending on the file of Senior Civil Judge, Huzurabad, Karimnagar District is pending and to set-aside the action as bad, arbitrary, illegal and opposed to principles of natural justice…”.
On 19-1-2011, there was no representation for the petitioner when the case was called both in the forenoon and also in the afternoon. Therefore, the case was directed to be posted under the caption ‘For Dismissal’. Even today, when the case is posted under the said caption, there is no representation for the petitioner. Therefore, it is reasonable to presume that the petitioner is not interested in prosecuting its case. The Writ Petition is accordingly dismissed in default.
As a sequel to dismissal of the Writ Petition, WPMP No.32945/2010 is disposed of as infructuous.
____________________
C.V.Nagarjuna Reddy.,J
Date : 21-1-2011
AM
Sri Sai Garden & Function Hall
A.P. State Financial Corporation
C.V.Nagarjuna Reddy
As recorded by the court registry
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