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High Court for State of TelanganaWP/22136/2016disposed of no costs

Karkhana Zinda Tilismath A v. The Chief General Manager, State Bank Of

2017-03-03A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.22136 OF 2016 ORDER:

Heard learned counsel for the petitioners and learned counsel for the impleaded respondent.

2.

This writ petition is filed under Article 226 of the Constitution of India challenging the action of the respondents 1 to 5 in acting on the communication, dated 16-06-2016 alleged to have been sent by the impleaded respondent and 7 others resulting in freezing of the accounts.

3.

After filing of the present writ petition, 1st petitioner herein filed O.S.No.846 of 2016 on the file of the I Senior Civil Judge, City Civil Court, Hyderabad, seeking various reliefs including relief against the respondents 3 to 5 herein acting on any instructions originating from any source other than the partnership business. It is stated by the learned counsel for the parties that the interlocutory application filed for interim relief in the present suit is coming up for arguments. The 1st petitioner is more than a century old partnership firm doing business and it is not in the interest of 1st petitioner to allow freezing of accounts pending settlement of dispute between the petitioners 2 to 4 and impleaded respondent and 7 others.

4.

In the circumstances, learned counsel appearing for the parties fairly agreed for operation of the account maintained by the 1st petitioner with respondents 3 to 5 by the 2nd petitioner in the present writ petition and defendant No.4 in O.S.No.846 of 2016 jointly. Both parties shall operate bank account and maintain a separate book of the transactions made with the said banks till the disposal of the interlocutory applications pending before the Civil Court. However, this order will be subject to

further orders to be passed by the I Senior Civil Judge, City Civil Court, Hyderabad, in the pending civil suit.

5.

Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J DATED: 03-03-2017 Hsd