Andhra Pradesh High Court - Amravati
Icici Bank Ltd vs The State Of Andhra Pradesh, on 9 November, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
, /* (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 14245 OF 2020 ea Between: wash rarer oe a Petitioner AND 1. The State of Andhra Pradesh,, Represented by its Principal Secretary, Irrigation and Command Area Development Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The Superintending Engineer,, Construction Circle, Ongole, Prakasam District. 3. Coastal Projects Limited,, having its registered office at 237, Bapuji Nagar, Bhubaneshwar - 751009 And corporate office at Plot no. 304-0, Road no. 78, Film Nagar, Hyderabad - 500033. 4. Rentworks India Pvt. Ltd., having its registered office at Windsor House, 6th Floor, CST Road, Kalina, Santa Cruz (East), Mumbai.- 400098. 5. Rithwik Projects Ltd., having its registered office at 8-2-268/KJ37 and 39, Plot No. 37 and 39, Navodaya Colony, Banjara Hills, Road No.2 Hyderabad -- 500034 Respondents
WHEREAS the Petitioner above named through his/her Advocate Sri Vivek Chandra Sekhar. S 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 an appropriate Writ, Order or directions, more particularly one in the nature of Writ Mandamus a. Directing the 1st and 2nd respondents to pay an amount of RS.62,84,60,424.47(Rupees Sixty Two Crores Eighty Four Lakhs Sixty Thousand Four Hundred and Twenty Four and Forty Seven Paise as an 27-02-2020 along with additional interest payable at 18% towards The lease rentals for the use of the Double Standard Tunnel Boring Machine used in tunnel boring work relating to 'Investigation, Design, Execution and Construction of Second Tunnel with 9.2M Internal Diameter for Pula Subbaiah Veligonda Project using Double Shield Tunnel Boring Machine i.e, from Kollam Vagu in foreshore of Srisailam Revervoir upto Guntur -Kurnool Road to join into the Feeder Canal, including construction of Head Regulator, Approaches and Approach Channel Exit in Dornala Mandal, Prakasam District, Andhra Pradesh)' to the Petitioner b. Directing the 1st and 2nd respondents that, in the event of the DSTBM being purchased by the Government of Andhra Pradesh, To apportion an amount of RS.62,84,60,424.47(Rupees Sixty Two Crores Eighty Four Lakhs Sixty Thousand Four Hundred and Twenty Four and Forty Seven Paise as an 27-02-2020 along with additional interest payable at 18per out of the sale proceeds, towards the lease rentals due to the Petitioner for the use of the DSTBM and pay the same amount to the Petitioner.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Vivek Chandra Sekhar. S 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 Principal Secretary, Irrigation and Command Area Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District.
2. The Superintending Engineer, Construction Circle, Ongole, Prakasam District.
3. The Coastal Projects Limited,Registered office at 237, Bapuji Nagar, Bhubaneshwar - 751009 And corporate office at Plot no. 304-0, Road no. 78, Film Nagar, Hyderabad - 500033.
ICIC! BANK LTD, ICICI Bank Ltd. having registered office at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara - 390007 And branch office at ICICIBank Towers, Plot No. 12,Nanakramguda, Financial District, Hyderabad - 500032 Rep by its Legal Manager Ms. Mohar Majumdar
4. The Rentworks India Pvt. Ltd., having its registered office at Windsor House, 6th Floor, CST Road, Kalina, Santa Cruz (East), Mumbai - 400098.
5. The Rithwik Projects Ltd., Registered office at 8-2-268/KJ37 and 39, Plot No. 37 and 39, Navodaya Colony, Banjara Hills, Road No.2 Hyderabad -- 500034 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 20.11.2020 on which date the case stands posted for hearing The Court made the following: ORDER:
Notice before admission.
Learned counsel for petitioner in permitted to take out personal notice on Respondents 3,4 & 5 by RPAD and file proof of service in to Registry.
-- o A A SD/- G. SRINIVASA REDDY ASSISTANT REGISTRAR Post on 30.11.2020.
[TRUE COPY// ; For assiorant LeSoTRAR o
1. The Principal Secretary, Irrigation and Command Area Development peparment State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur istrict.
2. The Superintending Engineer, Construction Circle, Ongole, Prakasam District.
3. The Coastal Projects Limited,Registered office at 237, Bapuji Nagar, Bhubaneshwar - 751009 And corporate office at Plot no. 304-0, Road no. 78, Film Nagar, Hyderabad - 500033.
4. The Rentworks India Pvt. Ltd., having its registered office at Windsor House, 6th Floor, CST Road, Kalina, Santa Cruz (East), Mumbai - 400098.
5. The Rithwik Projects Ltd., Registered office at 8-2-268/KJ37 and 39, Plot No. 37 and 39, Navodaya Colony, Banjara Hills, Road No.2 Hyderabad -- 500034 (1 to 5 by RPAD- along with a copy of petition and affidavit) One CC to Sri Vivek Chandra Sekhar, S Advocate [OPUC] Two CCs to GP for Irrigation & CAD ,High Court of Andhra Pradesh. [OUT] One spare copy 2° NO TVR HIGH COURT MGRJ DATED:09/11/2020 NOTICE BEFORE ADMISSION WP.No.14245 of 2020 POST ON 30.11.2020