Andhra Pradesh High Court - Amravati
The Lakshmi Vilas Bank vs Kotak Mahindra Bank Ltd., on 13 October, 2020
Bench: C.Praveen Kumar, J. Uma Devi
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) TUESDAY, THE THIRTEENTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR AND THE HONOURABLE Ms. JUSTICE J. UMA DEVI WRIT PETITION NO: 9635 OF 2020 Between: THE LAKSHMI VILAS BANK, Kurnool branch, D.No. 40/301-19, MCM Complex, Opp. Shrirama Theatre Bellary Road, Kurnool- 518 004. Rep by its Branch Manager. . Petitioners AND 1. Kotak Mahindra Bank Ltd, Rep by its Authorised Officer, D.No. 6-3-1109/1, 2nd Floor, Navabharat Chambers, Somajiguda, Hyderabad- 500 082. 2. Medum Siva Rama Krishna, S/o. M. Chandra Mouli, Age about 70 Years, Occ. Business R/o. H.No. 40/301-11A, 4th Floor, N.R peta, Bangarupeta, Bellary Road, Kurnool- 518 004. 3. Mr. V. Veera Venkata Achary, Advocate commissioner in Cri.M.P No. 320/2019 Pril. District Judge Court, Kurnool Respondents 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 any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in threatening the petitioner to vacate the premises and trying to take possession of the premises i.e., the building with buildup area of 1625 sq.feet at D.No. 40/301-19, ground floor , MCM Complex, Opposite Sri Rama Theatre, Bellary Road, Kurnool Road, Kurnool, A.P. as illegal arbitrary, malafide and in violation of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and The Security Interest (Enforcement) Rules, 2002 and consequently direct the Respondents not to interfere with the possession of petitioner with respect to the building with buildup area of 1625 sq.feet at D.No. 40/301-19, ground floor , MCM Complex, Opposite Sri Rama Theatre, Bellary Road, Kurnool Road, Kurnool, A.P. by extending the stay granted in IA No. 639/2020, in SA No. 41/2020 IA NO: 1 OF 2020 ; Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to interfere with the possession of petitioner with respect to "the building with buildup area of 1625 sq.feet at D.No: 40/301-19, ground floor , MCM Complex, Opposite Sri Rama Theatre, Bellary Road, Kurnool Road, Kurnool, A.P." by extending the stay granted in IA No. 639/2020, in SA No. 41/2020 on the file of DRT -- II at Hyderabad, pending disposal of WP 9635 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated 02-06-2020 17-06-2020 & 18-09-2020 and upon hearing the arguments of SRI C SUBODH Advocate for the Petitioner and of Ms. M. Indrani, Advocate for the respondent No.1, and the Court made the following. ORDER:
On request, post after one week. Interim order granted earlier is extended for a period of three (3) weeks. SD/- K. VENKAIA} ASSISTANT REGISTRAR /TRUE COPY// TAL FOR ASSISTANT R GISTRAR To,
1. The Registrar, Debt Recovery Tribunal- Il, Triveni Complex, Abids, Hyderabad.
2. One CC to Sri C. Subodh, Advocate [OPUC]
3. One CC to Ms. M. Indrani, Advocate (OPUC)
4. Two spare copies TVR HIGH COURT CPKJ & JUDJ DATED: 13.10.2020 NOTE: POST AFTER ONE WEEK ORDER WP.No.9635 of 2020 EXTENSION OF INTERIM ORDER