Andhra Pradesh High Court - Amravati
M/S. Klsr Infratech Limited, vs The Reserve Bank Of India, on 4 November, 2020
Author: T. Rajani
Bench: T. Rajani
/- : (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ie WEDNESDAY , THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE T. RAJANI WRIT PETITION NO: 20420 OF 2020 Between: M/S. KLSR Infratech Limited, Rep. by its Authorized person Sri Allu Nagesh, S/o. Rama Rao, aged about 51 years, Regd office at H. No.2-56/D/213/9B, Flat No.3B, KLSR Towers, Near YSR Statue, Ayyappa Society, Madhapur, Hyderabad -81. Petitioner AND 4. The Reserve Bank of India Rep. by its Regional Director, Regional office at 6-1-56, Secretariat Road, Saifabad, Hyderabad. 2. Union Bank of India (Formerly known as The Andhra Bank) Represented by Chief Manager, Nellore Main, Nellore SPSR Nellore District, A.P. 3. M/s. OFB Tech Private Limited Rep. by its Authorised signatory, Registered Office Shop No.G-22, C (UGF) D-1 (K-84) Green Park Main, New Delhi, South Delhi DL 110016. Respondents
WHEREAS the Petitioner above named through its Advocate Sri K.V Bhanu Prasad presented this 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 or order or direction or writ of Mandamus, declaring the action of the 1° respondent restraining the relief of moratorium only in certain cases and not extending the benefit to all kinds of transactions by applying the principle of force major clause inspite of declaration of pandemic Covid- 19 by the Government of India and action of 2" respondent allowing the bank guarantees 0384191GPERO0053 and 0384191GPER0054 to be invoked by the 3" respondent as illegal, arbitrary, malafide, unmindful and contrary to Principle of Force majeure applied in contractual matters and consequently direct the 2™ Respondent not to allow the 3 respondent to invoke the respective bank guarantees for a reasonable period in the interests of justice.
AND WHEREAS the High Court upon perusing the petition and affidavit/memorandum of grounds filed herein and upon hearing the arguments of Sri K. V. Bhanu Prasad Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Regional Director, Reserve Bank of India Regional office at 6-1-56, Secretariat Road, Saifabad, Hyderabad.
2. The Chief Manager Union Bank of India (Formerly known as The Andhra Bank) Nellore Main, Nellore SPSR Nellore District, A.P.
3. The Authorised signatory, M/s. OFB Tech Private Limited, Registered Office Shop No.G-22, C (UGF) D-1 (K-84) Green Park Main, New Delhi, South Delhi DL 110016.
are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 21.11.2020 on which date the case stands posted for hearing 1A 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 direct the respondents No.2 and 3 not to invoke the babnk guarantees i.e., 0384191GPER0053 and 0384191GPER0054, pending disposal of WP No. 20420 of 2020, on the file of the High Court.
The Court made the following: ORDER:
Issue notice to the respondents returnable in three weeks.
Post on 25.1 1.2020.
In the meantime, following the order dated 01.05.2020 passed by the High Court for the State of Telangana in LA.No.3 of 2020 in W.P.No.6573 of 2020, in similar circumstances; there shall be direction to the 274 respondent not to invoke the bank guarantees i.e., 038419 1GPERO0Q53 and 038419 1GPERO054.
Sd-K. TATARAQ
-K. TATARAO ASSISTANT REGISTRAR ITRUE COPY! | Mp 4 po JA / / we {7 For ASSISTANT REGISTRAR To
4. The Regional Director, Reserve Bank of India Regional office at 6-1-56, Secretariat Road, Saifabad, Hyderabad.
2. The Chief Manager Union Bank of India (Formerly known as The Andhra Bank) Nellore Main, Nellore SPSR Nellore District, A.P.
3. The Authorised signatory, M/s. OFB Tech Private Limited, Registered Office Shop No.G-22, © (UGF) D-1 (K-84) Green Park Main, New Delhi, South Delhi DL 110016.
4. One CC to Sri K. V. Bhanu Prasad Advocate (OPUC)
5. One spare copy.
Tvr HIGH COURT TRJ DATED:04/11/2020 NOTICE BEFORE ADMISSION WP.No.20420 of 2020 POST ON 25.11.2020