This Short Order is a perusal by the court regarding the powers of withdrawal of a Writ Petition filed under Article 226 CPC challenging the Debts Recovery Tribunal's order. The Court granted permission to withdraw the writ petition, holding that the petitioner could pursue remedies before the appellate forum.
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 COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original JurisUiction)
WEDNESDAY ,THE TWENTY FIFTH DAY OF AUGUST rWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRIJUSTICE A.RAJASHEKER REDDY ANI) THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER
WRIT PETI TION NO: 39 1s oF 2020
Between:
...PETITIONERS/DEFENDANTS NO. 1 & 3
AND
...RESPONDENTS/DEFEN DANTS
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 writ in the nature of li/andamus, declaring the Order Dt. 07-022020 passed in lA No. 341412019 in OA No. B8B/2015 (New OA No. 686/20'1 7) on the file of Honorable Debts Recovery Tribunal-ll Hyderabad as illegal, arbitrary and against the principles of naturaljustice and also oppose to Article'14 of Constitution of lndia and consequently allow lA No. 3414/2019 in OA No. 888/2015 (New OA No.686/2017) on the file of Honorable Debts Recovery Tribunal-l I Hyderabad.
IA NO: 10F 2020
petition under section151 cpcpraying th.atin the circumstancesstated t-nlp.titt"n,t"rreHiqnCotrrt maybe pleased to in the affidavitfitea in supiori "i stav att {urtherproceeoing!"i; olr'r""lir'aalzo15(N;oA No' 686/2017) on the Hvderabad tllthe disposal of the file of HonorableDebts i;;;;;'ii'ur""iiL present Writ Petition.
lA NO:1 OF2021
Between:
Andhra Bank,Somaiiguda Branch, 6-3-353/2,AstralHtrights Banjara Hills' iifi;;;ti- boo os6lnepa bv its Asst General lt/anat;er
...PETITIONERYRESPONDENTNO' 1 IN WP
AND
...RESPONDENTS
Petition under Section 151 CPC praying that in th l circumstances stated in the affidavit filed in support of the petition, the High C()urt may bepleased to vacate the orders dated 25-02-2020 passed in lA No.1 of 2020 in Writ Petition No. 391512020 and dismiss the Writ Petition with exemplary cos ts
Counsel for the Petitioners:SRl. G K DESHPANDE
Counsel for the Respondent No. 1:M/S. V DYUMANI
Gounsel for the Respondent Nos. 2 to 6: NONE APPEARI:D
The Court made the following:
(
THE HON'BLE SRI JUSTICE_A. RAJASHEKER REDDY rHE HoN,BLE D., ru$ry3E sHAMEEM AKTHER WRITP ETIT ONN o.3 97 50 F 0 0
OITDER: (per hon,ble Dr. Justice Shameem Akther)
This Writ petition, under Article 226 of the Constitution of India, is filed by the petitioners, wherein, the following prayer is made:
"... to lssue writ in the nature of wlandamus, declaring the Order Dt.07-02-2020 passed in IA No,3414/2019 in OA No. ABB/2015 (New OA No.686/2017) on the fite of Honourabte Debts Recovery Tribunat-II Hyderabad as illegal, arbitrary and against the principles of natural justice and also oppose to Articte t4 of Constitution of India and consequen y attow IA No.3414/20le in OA No.88B/2015 (New OA No,6g6/2017) on the fjte of Honourable Debts Recovery Tribunal-II Hyderabad and pass such other order or orders ....,,
3, During the course of hearing, this Court noticed that the petitioners are not the owners of the subject properties, which are said to have been offered as guarantee to respondent No,1bank. Further, the Tribunal vide impugned orcier, dated 07.02.2020 in I.A.No.34l4/2019 in O.A.No.BBB/2015, observed that the documents viz., letters, dated 12.08.2015 and 27.08.2015, which are sought to beproduced vide subiect I.A., are internal correspondence between HR Departmentof respondent No.1-Bank and the Chief Manager of theBranch and that they are not relevant for thepurpose ofadjudication of the
issuesinvolvedin the O'A' Therefore'no extra ordinary circumstancesto entertainthis Writ Petition'At tlris juncture' learnedcounsel for the petitionerssought permi!;sionof thls Courtto withdraw this Writ Petiti0n'
tvliscellaneouspetitions,ifany,pendinginthisWrit e",',,on, .11:ll1jT1rhere sharl be no ordt':t_ to'95_- -
S D/.K.AMMAJI ASSISTANTREGIST RAR
\
//TRUECOPY// SECTIONOFFICER
To, 1. one CCto Sri G K Deshpande'AdvocateIOPUCI 2. il:;;i" rt,lit v Dvumani' Advocate loPucl 3. TwoCD CoPies' 4. OneSPareCoPY'
PVi
HIGHCOURT
DATED:25/08/2021
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DESP
ORDER
WP.No.3915of 2020
Dismissing theWP As withdrawn Without costs.
2 issues framed by the court
Whether to allow the petitioner to withdraw the Writ Petition challenging the Debts Recovery Tribunal's order.
Whether to permit the withdrawal of the Writ Petition and issue miscellaneous petitions for further procedure.
2 provisions across 2 enactments
M/s. PSV Constructions Pvt Ltd
Mr. P.H. Kiran Kumar
Andhra Bank
A. Rajasheker Reddy
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
