M/S. National Theatre v. State Of Telangana

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7922 of 2018 ORDER:

Petitioner - Theatre states that they borrowed certain amount from the respondent - Corporation for development of theatre, and has been regularly paying monthly instalments as well as interest. Petitioner states that, despite their letters dated 22.01.2016 and 23.02.2016, to liquidate the entire loan and arrears, respondent - Corporation had not responded and issued the impugned demand dated 14.02.2018 showing arrears of Rs.27,06,260/-, out of which, the principal outstanding is Rs.3,99,011/- and accumulated interest is Rs.23,06,296/-.

They would contend that, had the respondent - Corporation considered their applications, there would not have been imposition of such huge amount payable towards interest.

Learned Standing Counsel appearing for the respondent - Corporation submits that the respondent - Corporation may be directed to dispose of the applications made by the petitioner within a time frame by applying the schemes available as on date.

Having considered the submissions, the grievance of the petitioner being non-consideration of the applications made by them under One Time Settlement Scheme, and considering the fact that respondent - Corporation had not passed any orders on the said applications, interest of justice would be served if a direction is given to respondent Nos.2 and 3 to

dispose of the applications within a period of four weeks from the date of receipt of a copy of this order. Since the principal outstanding is shown only as Rs.3,99,011/-, balance of convenience is in favour of the petitioner to stay all further proceedings pursuant to demand dated 14.02.2018 till the disposal of the petitioner's applications dated 22.01.2016 and 23.02.2016.

The Writ Petition is disposed of accordingly. Miscellaneous petitions pending, if any, shall stand dismissed. No order as to costs.

___________________________ CHALLA KODANDA RAM,J Date:15.03.2018 Usd