M/S. Srinivasa Finance Corporation, v. The Andhra Pradesh Eastern Power Distribution Company

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.24642 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the second respondent in refusing to recover the loan amounts of the petitioner firm from the respondents 3 to 12 vide his Lr.No.DE/O/RCP/JAO/ADM/JA2/I No. /16 dated 05.05.2016 is as illegal and arbitrary and consequently direct the second respondent to continue to recover the loan amounts from the month of November 2015 to till the loan instalments are completed by setting aside the Lr.No.DE/O/RCP/JAO/ADM/JA2/I No. /16 dated 05.05.2016 issued by the second respondent. Heard the learned counsel for the petitioner and Sri M.Ravindra, learned Standing counsel for the respondents. At the time of arguments, both counsels in one voice submitted that this writ petition may be disposed of with a suitable direction to the respondents 1 and 2.

In view of the submissions made by both the counsels, this Court is not inclined to go into the merits of the main case. Having regard to the facts and circumstances of the case and also the submissions made by both the counsels, the petitioner is permitted to make fresh representation to the respondents 1 and 2 within fifteen (15) days from the date of receipt of copy of this order. On receipt of representation filed by the petitioner, the respondents 1 and 2 are hereby directed to

dispose of the same in the light of the undertaken given by the second respondent and the consent letter given by the employees. The second respondent is further directed to complete the entire process as early as possible, preferably, within a period of two months from the date of receipt of the representation of the petitioner.

With the above direction, the writ petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

_______________________ T.SUNIL CHOWDARY, J 26.07.2016 Rns HON'BLE SRI JUSTICE T.SUNIL CHOWDARY

WRIT PETITION No.24642 OF 2016 Date:26.07.2016 Rns