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High Court for State of TelanganaWP/25719/2016dismissed

Chintamaneni Gangesh v. The Authorized Officer.

2016-08-02C.V.Nagarjuna Reddy,A V Sesha Sai3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice A.V.Sesha Sai Writ Petition No.25719 of 2016 Date: 19.07.2016 Between:

Chintamaneni Gangesh ..Petitioner and The Authorised Officer State Bank of Hyderabad Korukonda Branch, Rajahmundry and another ..Respondents Counsel for the petitioner: Mr.P.Bhaskar The Court made the following:

Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The petitioner, who failed to comply with Order, dated 11.07.2016, of the Debt Recovery Tribunal, Visakhapatnam at Kolkata (for short 'the Tribunal'), whereby he was permitted to pay the entire amount due within seven days from the date of the said order, filed this Writ Petition with the plea that on account of the

conduct of the respondents, he was not able to pay the same as per the direction of the Tribunal.

Mr.P.Bhaskar, learned Counsel for the petitioner, submitted that since his client was not furnished with the certified copy by the Tribunal till 18-07-2016, the respondents did not receive the amount and that by the time, his client has received the certified copy, the time stipulated for payment of the balance amount has expired.

Except the ipsi dixit of the petitioner, no material is filed before this Court to substantiate his plea that he was ready and willing to pay the balance amount as per the directions of the Tribunal, but, it was the respondents, who declined to receive the same in the absence of certified copy. In these circumstances, the only remedy available to the petitioner is to approach the Debt Recovery Tribunal itself for appropriate relief. Hence, the Writ Petition is dismissed.

As a sequel to dismissal of the Writ Petition, WPMP.No.31783 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J)

_______________ (A.V.Sesha Sai, J) Dt: 2nd August, 2016 lur