Andhra Pradesh High Court - Amravati
Pandu Ranga Prasad Akkumahanthy vs The Union Of India, on 16 December, 2019
Author: C.Praveen Kumar
Bench: C.Praveen Kumar, M.Ganga Rao
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No.19065 of 2019
ORDER:- (Per Hon'ble Sri Justice C.Praveen Kumar) The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking issuance of writ of Mandamus to declare the action of respondent No.2 in threatening to dispossess the petitioners high handedly from their house in Flat No.301, Second Floor, Sri Krishna Gokulam, Nallapadu, Guntur pursuant to the order, dated 17.10.2019, in Crl.M.P.No.196 of 2019 on the file of the learned Chief Judicial Magistrate - cum - Principal Assistant Sessions Judge, Guntur under the provisions of Section 14(1) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) as illegal and arbitrary.
2. By an order, dated 27.11.2019, this Court, while issuing notice, ordered status quo to be maintained with regard to the subject property. Today, when the matter is taken up for hearing, it is represented by both the parties that the petitioners are willing to pay the total loan amount of Rs.32,86,285/- (Rupees thirty two lakhs eighty six thousand two hundred and eighty five only) to the satisfaction of respondent No.2 within three (3) months.
3. Having regard to the above, the Writ Petition is disposed of directing the petitioners to pay an amount of Rs.5,00,000/- (Rupees five lakhs only) within a period of three (3) weeks from today and thereafter, pay the balance amount on or before 2 31.03.2020 to respondent No.2, in default, the status quo order shall stand vacated automatically. The respondent authorities are directed not to take any coercive steps till 31.03.2020. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR _________________________ JUSTICE M.GANGA RAO Date : 16.12.2019 AMD 3 THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.19065 of 2019 Date : 16.12.2019 AMD