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High Court for State of TelanganaWP/23454/2017closed no costs

Kandimalla Adi Babu And Company A Registered Partnership v. The Managing Director, Indian Bank, Central Office Avvai

2017-10-10Challa Kodanda Ram1 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.23454 OF 2017 ORDER:

This Writ Petition is filed seeking the following relief: "To issue a Writ of Mandamus or other appropriate order or direction in the nature of a Writ declaring the letter bearing No.ARMB/HYD/PSC/Kandimalla Raghavaiah/2016-17, dated 20.10.2016 refusing to issue a letter of NOC that the property fo the petitioner admeasuring Ac./6-10 cents in Sy.Nos.155, 156-A, 156B, 222 in Chilkaluripeta town, Guntur District, Andhra Pradesh is not subject to any charge or mortgage with the respondent bank as arbitrary, discriminatory and violative of Articles 14, 19(g) and 300A of Constitution of India and without authority of law and consequently direct the respondents 1 to 3 to issue NOC thereof in the interest of justice and pass such other order or further orders as this Hon'ble Court may deem fit and proper in the interest of justice".

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

On 31.07.2017, Sri Ambadipudi Satyanarayana, learned counsel for the respondents 2 and 3, has submitted that the secured assets of the petitioner's firm have been sold to M/s Reliance Assets Reconstruction Company Limited in terms of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. Today, learned counsel also furnished the details of the transaction to the learned counsel for the petitioner. In those circumstances, learned counsel for the petitioner submits that the writ petition may be closed by giving liberty to take appropriate action in accordance with law.

Accordingly, the Writ Petition is closed, giving liberty to the petitioner as prayed for. There shall be no order as to costs. Miscellaneous Petitions pending, if any, in this writ petition shall also stand closed.

____________________________ CHALLA KODANDA RAM, J Dated:10.10.2017 Ssv