Andhra Pradesh High Court - Amravati
M/ S. Prani Bykes vs The Reserve Bank Of India, on 3 June, 2021
Bench: Kongara Vijaya Lakshmi, D Ramesh
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI fig Es
(SPECIAL ORIGINAL JURISDICTION) ;
THURSDAY, THE THIRD DAY OF JUNE,
TWO THOUSAND AND TWENTY ONE
- _ :PRESENT: ,
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
AND ©
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 10862 OF 2021 |
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EIS,
4 COPRS
AGE OF
Between:.
1. M/s. Prani Bykes, Rep. by its Partner Mrs. P.Achyutha, W/o. T. Jagadeeswara
Reddy, Hindu, Aged about 49 years, Occ: service, R/o. D.No.13-2-141-2, beside
Rajahamsa Palace, Near APSRTC Bus stand, Anantapur, Rep.by her GPA
holder Mr. Naresh Kumar, S/o. Y.Sakuntala, aged about 35 years R/o. Plot
No.G02, preethi Nilayam, Beside Shilpa garden, Miyaour, 'Hyderabad-500049. °
2. Smit. P.Achyutha, W/o T.Jagdeeswar Reddy, Aged about 49 years, Occ: Service,
. 'R/o D.No.1-330, Dwaraka Nagar, Anantapur-505001,; Anantapur District.
3. Mr. T.Jagdeeswar Reddy, S/o. T.Obul Reddy, Aged about 54 years, Occ:
Service, R/o D.No.1-330, Dwaraka Nagar, Anantapur-505001, Anantapur District.
Both the Petitioners are now residing at Badlands, Dr. Frisco, Texas 75035,
USA.14138,
. Petitioners
AND
1. The Reserve Bank of India, Rep. by its Governor, O/o 6, Sansad Marg, New '
Delhi-110001.
2. The Chief Manager & Authorized Officer Karnataka Bank Ltd., ARM Branch,
Hyderabad-500073
3.. The Branch Manager; Anantapur Branch, Karnataka Bank Ltd., D. No. 13- 3- 304,
1* floor, Thakai Towers, Railway feeder road, Anantapur-51500
4. Mr. B.Janardhan Reddy, S/o Not known to the Petitioner
5. Mr. B.Vijay Bhaskar Reddy, S/o not known to the Petitioner
6. Mr. B.Ravi Kumar Reddy, S/o not known to the Petitioner
Respondent Nos.4 to 6 are R/o Flat No.1.09 of Rajahamsa Palace Apartment,
Ananthapur.
..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 a writ order or Direction more particularly one in the nature of a writ of Mandamus
declaring the impugned order dt.10-05-2021 passed in IA.No.99/2020 in
OA.No.893/2018 as contrary to law averse to the facts of the case and contrary to the"
guidelines of the reserve bank of India and the orders of the Honourable Apex court
apart form violation of Principles of natural justice by setting aside the same and
consequentially to allow the IA.No.99/2020 and direct the Debts Recovery Tribunal- II to
decide the OA.No.893/2018 on merits in the interest of justice.
IA NO: 1 OF 2021
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 grant stay of
all further proceedings in pursuance of the notice dt.25.03.2021 issued by the Advocate
commissioner including taking over possession of the Petition schedule property, in the
interest of Justice, pending disposal of WP 10862 of 2021, 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 upon hearing the arguments of Sri A.Chandraih Naidu,
Advocate for the Petitioners and Sri M.Sravan Kumar, Standing Counsel for the
Respondent Nos.2 & 3, the Court made the following.
ORDER:
"Srj M. Sravan Kumar, learned standing counsel for Karnataka Bank Limited, takes notice on benalf of respondent Nos.2-and 3. ° Learned counsel for petitioners is permitted to take out notice to respondent | Nos.4 to 6 by RPAD and file proof of service. Learned standing counsel for respondent Nos.2 and 3 submits that possession of the subject property has already been delivered to the auction purchasers who are respondent Nos.4 to 6 herein. a List the matter immediately after Summer Vacation, 2021. Till then, there shall be an order of status-quo with regard to possession of the subject property." x Sd/-M.Suryanad Reddy ASSISTADT REGISTRAR [TRUE COPY// SECTION OFFICER vi meV rnin AL VIO I nAK To,
4. The Governor, Reserve Bank of India, O/o 6, Sansad Marg, New Delhi-110001.
2. The Chief Manager & Authorized Officer Karnataka Bank Ltd., ARM Branch, Hyderabad-500073
3. The Branch Manager, Anantapur Branch, Karnataka Bank Ltd., D.No.13-3-304, 4° floor, Thakai Towers, Railway feeder road, Anantapur-5 1500
4. Mr. B.Janardhan Reddy, R/o Flat No.1.09 of Rajahamsa Palace Apartment, Ananthapur.
5. Mr. B.Vijay Bhaskar Reddy, R/o Flat No.1.09 of Rajahamsa Palace Apartment, Ananthapur.
6. Mr. B.Ravi Kumar Reddy, R/o Flat No.1.09 of Rajahamsa Palace Apartment, Ananthapur. (Addresses 1 to 6 by RPAD) One CC to Sri. A.Chandraih Naidu, Advocate [OPUC] One CC to Sri. M.Sravan Kumar, Standing Counsel [OPUC] Two spare copies co CON MM HIGH COURT e KVLJ DRJ DATED:03/06/2021 MOTE: LIST THEMATTER IMMEDIATELY AFTER SUMMER VACATION, 2021 ORDER WP.No.10862 of 2021 nanan yi wr, ne Ba 4 yo BEE BND SO STATUS QUO (ES EERE Cay ge ¥ as ta qa \,