The High Court dismissed a writ petition seeking to quash recovery action under the Societies Act and obtain compensation for losses due to seized properties and theft. The Court dismissed the petition as withdrawn by the petitioner's counsel.
Withdrawal of the writ petition allowed; no order as to costs.
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.
HIGH COURTFOR THE STATEOF TELAN.GANA AT HYDERABAD (SPecialOriginalJurisdiction)
w EDN ES DAY J I'JUSJJIRH XiiJ^nv
oF NovEMB ER
PRESENT
THE HONOURABLESRIJUSTICET'VINOD KUMAR
WRIT PETITIONN Ot268920F 2016
Between:
tvl/s KumkumaPaperpacks Pfi Ltd 'Rep by its .ManaoinqDirector' Mr'K Rajeshwar Reddyoffice at: Plot No z' pi"" iv'ibn -d"n"yt'r"''MeiakDistrict' Telanagana'
...PETITIONER
..RES,ONOENTS
Petition underArticle 226 of lhe Constitutionof lndia prayingthat in the cirCUmstancesstatedintheaffidavitfiledtherewith,theHighcourtmaybepleased
to:
a) lssue an appropriateWRIT order, Or declaration' speciallyone in the nature of wRlT ofmandamus,holding the action of the Respondent No'1 Corporation in takingrecoveryaction under section 29 of The SFC.s ACT, By seizingtheLand,Building,PlantandMachineryundertheschemeandthe properties offered as thirdparty collateralsecurity viz,
Belonging to the petitioner, on 1710612013 as unwarranted and abuse of statutory powers vested in the Respondent No.1 Corporation and to return all the seized properties under Sec29 of Sr-C's Act including the properties offered as collateral securities in good and working condition.
b) lssue an order or direction the Respondent No.1 Corporation to compensate the loss/ damages of Rupees 816 Lakhs including "Directors Loss of Ivlaintenance" of rupees 26 Lakhs as shown in the above Table No 2, which is sustained by the petitioner company due to illegal seizure and the theft occurred during the custody of Respondent No.1 Corporation.
c) To Award Cost of the present proceedings
il2il
WPMP. NO: 33278 OF 2016
Petition under S ection 151 CPC praying that in the circumstances stated in the affidavit filed in su:rport of the petition, the High Court may be pleased to grant Stay all the further pro )eedings in pursuance of the notice issued on d1.26107.2016 issued by respondent '1o.1 Corporation, against Land, building plant & Machinery and the properties und ,r collateral securities belonging to : 1. Smt. Veerla Saro.lini W/o Late Venkateshwrra Rao, H.No.17-52-LlG-C3 420, Huda Colony, Chanda Nagar, RangaReddy D strict. 2. Smt. Kyasaram Laxmi Bai W/o K. LaxmaReddy H.No.4-831/5, Manjeerr Nagar Colony, SangaReddy, Medak District3. Sri Sare Srisailam SA) Late Hanrmaiah H.No.5-58,M.G. Road, Patancheru, Medak District'
Counsel for the Petitior'er:SRI' R.OHEERAJSINGH
Counsel for theResponlent Nos.1 & 2: SRI Y.N. LOHITHA
Counsel for theRespon lent No. 3: SRI JOSYULA BHASKARA RAOi (SC FOR CENTRAL GOVT)
The Court madethe foll' rwing:ORDER
THE HON'BI,E SRI JUSTICE T. VINOD KUMAR
Writ Petition No.25892 of 2016
ORDER:
Learned counsel for the petitioner addressed a letter dt.25.70.2021 to the Registrar(Judicial) High Court for the State of Telangana at Hyderabad, seeking permission to withdraq, this Writ Petition stating that he has been instn-rcted by his client to withdraw this Writ Petition as no useful purpose wili be served in keeping the Writ Petition pending.
withdrawn. No order as to costs.
J Consequently, miscellaneous petitioners pending, if any,
shall stand closed.
To,
SD/.V.KAVITHA ASSISTANT REGISTRAR //TRUE COPY// 4o SECTION OFFICER
- 9"" 99 lo _SlR Dheeraj Singh, Advocare [OpUC] 2. One CC to Sri Y.N. LOH|THA, Advocate [OpUC]
- 9n" 99to Sri Josyula Bhaskara Rao, Si for Central Government IOPUCI 4. Two CD Copies t One Spare Copy CHR -MMA 4'
HIGH COURT
DATED:2411112)21
ORDER
/. ,+ ( i-lir- STrtr{:
s I i 0rr?CI?4
W.P.No.26892 o'2016
DISMISSING TH =WRIT PETITION AS WITHDRAWI.I, WITHOUT COSTS,
v
o4 \?
t,
VLS Kumkuma Paperpacks Pvt Ltd
Andhra Pradesh State Finance Corporation
Punjab National Bank
Union of India
T. Vinod Kumar
R.N. Shanmukham Chetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
