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High Court for State of TelanganaWP/21868/2017dismissed as infructuous

Sri. J.Rajender v. The Liquidator

2024-08-13K. Sarath4 pages

[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 21868 OF 2017 Betwee n:

years, Occ Business No. 1 7-85, Annapurna Sri. J.Rajender, S/o. Late J.Ramakrishna, aged Prop., of Sri Matha lvlanikeshwari Paints Shop No. Complex Dilsukhnagar, Hyderabad,TS 5,H ...PETITIONER AND The Liquidator, The Jawahar Co-op Urban Bank Ltd., Off H No.2-1-566/6 to 9,First Floor Nallakunta, Hyderabad, TS-500 044 The Sale Officer, The Jawahar Co-op Ur-ban Bank Ltd., Dtlsukhnagar. Hyderabad, R R Dist., TS Off H No.2-1-566/6 to 9, First Floor Nallakunta. Hvderabad' TS -500 044 ...RES'.

NDENTS Petition under Article 226 of lhe Constitution of lndia 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 of Mandamus, declaring the action of respondents and their subordinates, in visiting petitioners shop premises i.e., M/s.Sri Matha Manikeshwari Paints , shop situated at H No. 17-85, shop No.5 Annapurna Complex, Dilsukhnagar, Hyderabad District, TS on 30-05-2017 and threatening to take away the material from the shop and obtaining the undertaking letter from the petitioner forcibly for agreeing to pay the due amount under overdraft loan facility alleged to be availed by deceased J Naresh through OD A/c-No.1 39 from The Jawahar Co op Urban bank Ltd.

, under the guise of Demand Notice(Distrain Order) dated.08-08-2013 in E P No.

alleged to be availed by his brother deceased J Naresh under the guise of undertaking letter dated.30 -05-2017 obtained forcibly from the petitioner l.A. NO: 1 OF 2017(WPMP. NO: 26910 OF 2017) 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 and their subordinates, not to insist/force the petitioner in any manner to pay the due amount under overdraft loan facility alleged to be availed by his brother their deceased J Naresh under the guise of undertaking letter dated.30-05-201 7 obtained forcibly from the petitioner, pending disposal of above W P Counsel for the Petitioner: SRI. BETHI VENKATESWARLU Counsel for the Respondents: ---- The Court made the following: ORDER

THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.21868 of 2OL7 ORDER:

Learned Counsel appearing for the petitioner submits that no further orders are necessary in this matter and the cause in the Writ Petition does not survive and thereby, the Writ Petition has become infructuous.

2.

Recording the aforementioned submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.

As sequel to it, Miscellaneous Petitions, if any pending, shall stand closed SD/. K. VENKAIAH ASSISTANT REGISTRAR //TRUE COPY'

SECTI OFFiCER To One CC to SRl. BETHI VENKATESWARLU' Advocate tOPUCI Two CD CoPies BM GJP

J HIGH COURT DATED:1310812024 1.. T x€ \ 2 3 lcr lii/l .i )-!

,() tt,-.9r,a '3 rCHED

ORDER

WP.No.21868 of 2017 \J DISMISSING THE WRIT PETITION AS INFRUCTOUS WITHOUT COSTS 6.""

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