Mr. Ritesh Kumar Agarwal v. Axis Bank Limited
/ [3168 I HIGH COURT FOR THE STATE OFTELANGANA AT ITYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENryTHREE :PRI,SENT:
THE IION'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 36751 OF2022 Between:
1. Mr. Ritesh Kumar Agarwal, S/o. Upender Kumar Agarwal, R/o. 8-2-293182/J-3/26, Road No. 78, Jubilee Hills, Shaikpet, Hyderabad-500033.
2. Mr. Upender Kumar Agarwal, S/o. Basudev Agarwarl, PJo. 8-2-293/82/J-3126, Road No. 78, Jubilee Hills, Shaikpet, Hyderabad-500033.
3. Mrs. Usha Bhai Agarwal, Wo. Shri Upender Kumar Agarwal, No. 8-2-293/82/J3/26, Road No. 78, Jubilee Hills, Shaikpet, Hyderabad-500033.
...Petitioners
AND
1. Axis Bank Limited, Represented by its Deputy General Manager, Corporate Banking Branch at Door No.6-3-87918, First Floor, G. Pulla Reddy Building, Green Lands, Begumpet Road, Hyderabad-5000 1 6.
2. Axis Bank Limited, Willful Defaulter Identification Committee Members, Corporate Banking Branch at Door No.6-3-8798, First Floor, G. Pulla Reddy Building, Green Lands, Begumpet Road, Hyderabad - 500016
3. Axis Bank Limited, Willful Defaulter Review Committee Manbers, Corporate Banking Branch at Door No. 6-3-87918, First Floor, G. Pulla Reddy Building, Green Lands, Begumpet Road, Hyderabad - 500016.
RR 2 and 3 are impleaded as per C.O. dl05.12.2022 in I.A.No.3/2022. ,,,Rcspondcnts Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ Order or Direction more particularly one in the nature of Writ of Cerliorari quashing the ex-parte orders if .any passed by the Willful Defaulter Identification Committee (Second Respondent herein) of Respondent Bank and the Consequential orders if any passed by Willful Defaulter Review Committee (Third Respondent herein) of Respondent bank and to pass Prayer is amended as per C.O. dated.O5 .12.2022, in I.A. No.412O22.
IA NO: 2 OF 2022 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 stay of all further proceedings initiated by Respondent (ifany) classifying the Petitioners as Willful Defaulter.
IA NO: 6 OF 2022 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 implead the
/ proposed 4th Respondent as necessary and proper party in this Writ Petition No. 36751 of 2022 as well as an I.A.Nos. I to 5 of 2022. SRI. S RAJAGOPAI,AN Counsel for the Petitioners:
V\TSNRAJU Counsel for the Respondents:
The Court made the following:
THE HONOURABLE SRT JUSTICE K.LAKSHMAN WRIT PETITION No.36751 OF 2022 ORDER:
Heard leamed counsel for the petitioner and Sri V.V.S.N.Raju, leamed counsel appearing for respondents - Bank. Perused the record.
2. This writ petition is filed to quash the ex-parte orders if any passed by 2nd respondent/Willful Defaulter Identification Committee and the consequential orders if any passed by 3'd respondent/lVilful Defaulter Review Committee.
3. In paragraph No.6 of the counter filed by the respondents, it is specifically mentioned that the writ petitioners were declared as defaulters but not as willful defaulters.
In view of the said submission, the grievance of the petitioners is redressed.
Therefore, this writ petition is closed. As a sequel, miscellaneous petitions, if any, pending shall stand closed. SD/- P.CII.NACABHUSIIAMBA ASSISTANT REGISTRAR //TRUE COPYI/ SECTION FFICER To, l. One CC to SRI. S RAJACOPALAN Advocate [OPUC]
2. One CC to SRI. V. V. S. N. RAJU Advocate [OPUC]
3. Two CD Copies
HIGH COURT KL, J DATED: 04/0112023
ORDER
WP.No.36751 of 2022 20?l 2B WRIT PETITION IS CLOSED WITHOUT COSTS