Andhra Pradesh High Court - Amravati
Sri Nagulakonda Venkata Srinivas, vs M/S Fullerton India Finance Home ... on 18 November, 2020
Author: C.Praveen Kumar
Bench: C.Praveen Kumar, Ninala Jayasurya
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.12662 of 2020
ORDER:(Per the Honourable Sri Justice C.Praveen Kumar) This writ petition is filed seeking a mandamus declaring the action of respondent No.1 in issuing possession notice, dated 17.06.2020, under Rule 18(1) of the Security Interest (Enforcement) Rules, 2002 against respondent No.2 and not redeeming the mortgage of respondent No.2 in pursuance of the orders passed in E.P.No.247 of 2019 in O.S.No.76 of 2018 and not releasing the property documents mortgaged by respondent No.2 in favour of the petitioner in spite of 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 at Santhapeta South ward, Rangala veedi, Vizianagaram Municipality, as arbitrary, illegal and violative of Article 300-A of the Constitution of India.
2. A perusal of the proceedings sheet would show that by an order, dated 29.07.2020, this Court restrained respondent No.1 from taking any coercive steps with regard to the mortgaged property. Further, the material placed before this Court shows that the petitioner deposited an amount of Rs.53,97,409/- before the Court of the Principal District Judge, Vizianagaram, in E.P.No.247 of 2019 in O.S.No.76 of 2018.
3. Today, when the matter is taken up for hearing, Sri Srikanth Reddy, learned counsel representing Sri N.Harinath, learned Assistant Solicitor General of India appearing on behalf of respondent No.1, would submit that respondent No.1 is willing to return the property documents being satisfied with the money deposited by the petitioner before the Court below.
2 W.P.No.12662 of 2020
CPK,J & NJS,J
4. Recording the above statement made across the Bar, this Writ Petition is disposed of, permitting respondent No.1 to withdraw the amount deposited by the petitioner before the Court below to a tune of Rs.53,97,409/-, to which, the petitioner shall cooperate in all respects. Thereafter, respondent No.1 shall forthwith release the property documents, which are in their custody, and handover the same to the petitioner under a proper acknowledgement. It is needless to mention here that if any balance amount is required to be paid by the petitioner, the same shall be paid to the satisfaction of the Court below. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.
_______________________ JUSTICE C.PRAVEEN KUMAR ______________________ JUSTICE NINALA JAYASURYA 18th November, 2020 GHN 3 W.P.No.12662 of 2020 CPK,J & NJS,J THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.12662 of 2020 Date : 18.11.2020 GHN