Andhra Pradesh High Court - Amravati
Sri Nagulakonda Venkata Srinivas, vs M/S Fullerton India Finance Home ... on 13 October, 2020
Bench: C.Praveen Kumar, J. Uma Devi
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE THIRTEENTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY : PRESENT: va THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR AND THE HONOURABLE Ms. JUSTICE J. UMA DEVI 4 WRIT PETITION NO: 12662 OF 2020 Between: Sri. Nagulakonda Venkata Srinivas, S/o. Venkata Krishna Arjun, aged about 53 years, R/o. 2-1-2, Vyshanava Street, Vizianagaram. Petitioner/s AND 1. M/s Fullerton India Finance Home Company Ltd, Rep. by its Authorized Officer, R/o 47-11-5, 1 Floor, Mohan's Arcade, 1% Lane, Dwarakanagar, Visakhapatnam. 2. Pentapati Raj Kumar, S/o. K. Surya Rao, R/o. 8-1-190, Peddaveedhi, MG Road, Vizianagaram Respondent/s 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 an order or direction or writ more particularly one in the nature of Writ of Mandamus to declaring the proceedings vide Ref. No. FIHFC/2566362, dated 17-6-2020, of the 1st respondent in issuing possession notice under Rule 8(1) under SAFAESI Act and not redeeming the mortgage of the 2nd respondent in pursuance of the orders passed in E.P. No. 247 of 2019 in OS No. 76 of 2018 and 'not releasing the property documents of the 2nd respondent in favour of the petitioner in spite of the discharge of the entire mortgage amount towards the property bearing D.No. 8-1-190 admeasuring an extent of 141.77 Sq.Yds. in T.S. No. 643. situated in Santhapeta South ward, Rangala veedi, Vizianagaram Municipality as arbitrary illegal, null and void and violative of Article 300-A of the Constitution of India . 4 IANO: 10OF 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 not to dispossess the petitioner from the property bearing D.No.8-1-190 admeasuring an extent of 141.77 Sq.Yds. in T.S. No. 643 situated in Santhapeta South ward, Rangala veedi, Vizianagaram Municipality in pursuance of 1st respondent's proceedings Ref. No. FIHFC/2566362, dated 17-6-2020, notice issued under Rule 8(1) of SARFAESI Act, pending disposal of WP 12662 of 2020, on the file of the High Court. A 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 29-07-2020 & 13-08-2020 upon hearing the arguments of Sri Venkateswara Rao Gudapati Advocate for the Petitioner, and the Court made the following. ORDER:
_At request, post after two (2) weeks by which time, respondent No.1, represented by his counsel -- Sri N. Harinath, shall file counter. Interim order granted earlier is extended for a period of three (3) weeks. ; v} "sy SD/- K.VENKAIAH ASSISTANT REGISTR [TRUE COPY// aay fo OF FOR ASSISTANT REGISTRAR To,
1. The Authorized Officer, M/s Fullerton India Finance Home Company Ltd, Rio 47-11-5, 1° Floor, Mohan's Arcade, 1* Lane, Dwarakanagar, Visakhapatnam.
One CC to Sri Venkateswara Rao Gudapati, Advocate [OPUC] Two spare copies oN TVR oe HIGH COURT CPKJ & JUDJ DATED:13/10/2020 ORDER | NOTE: POST AFTER TWO WEEKS WP.No.12662 of 2020 70 #3 EXTENSION OF INTERIM ORDER