Andhra Pradesh High Court - Amravati
Sri Nagulakonda Venkata Srinivas, vs M/S Fullerton India Finance Home ... on 29 July, 2020
Author: B Krishna Mohan
Bench: B Krishna Mohan
[3250 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE TWENTY NINETH DAY OF JULY, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU AND THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN 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 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 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 'st 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. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI VENKATESWARA RAO GUDAPATI Advocate for the Petitioner, and the Court made the following. ORDER:
"Heard the learned counsel for the petitioner. Without going into the methodology adopted and the suits filed in view of the fact that the petitioner states on oath that the entire loan will be discharged and that already an approximate sum of Rs.54,00,000/- (Rupees Fifty Four Lakhs only) has been deposited in a related issue, this Court is of the opinion that there should be a temporary order for a period of two weeks restraining the 1° respondent from taking any coercive steps with regard to the property said to be mortgaged. Neither party shall claim any equities by virtue of this order.
4, Learned counsel for the petitioner is permitted to take out personal notice to the respondents No.1 and 2 and file proof of service into the Registry positively by 13.08.2020. This order will be in force till 13.08.2020". To, ed | sp/- A. SURYA PRAKASH RAO DEPUTY REGISTRAR ITRUE COPY// F SECTION OFFICER . The Authorized Officer, M/s Fullerton India Finance Home Company Ltd, Rio 47-11-5, 1§* Floor, Mohan's Arcade, 1* Lane, Dwarakanagar, Visakhapatnam.
Pentapati Raj Kumar, S/o. K. Surya Rao, R/o. 8-1-190, Peddaveedhi, MG:
Road, Vizianagaram (Addresses 1 and 2 by RPAD) One CC to SRI VENKATESWARA RAO GUDAPATI Advocate [OPUC] Two spare copies HIGH COURT DVSSJ BKMJ DATED:29/07/2020 ORDER WP.No.12662 of 2020