N.Srinivas Goud v. Shriram City Union Finance Ltd

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY NINTH DAY OF OCTOBER, TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CIVIL REVISION PETITION No. 658 of 2015 Between:

1 N. Srinivas Goud S/o. Laxmaiah, 2 Smt. N. Shamantha W/o. N. Srinivas Goud Petitioners/Judgment Debtors 1 & 2/Respondents AND 1 Shriram City Union Finance Ltd, Having its Regd office at 123, Angappa Naichen Street, Chennai with Admn. Office at 3-6-478, 3rd Floor, Anand Estate, Liberty Road, Opp: Indian Bank, Himayath Nagar, Hyderabad-029, having Branch at Santosh Nagar, rep. by its Legal Officer, Sri M. Suresh Kumar, S/o. Sammaiah, Occ: Senior Manager. .. Respondent/ Decree Holder/ Claimant 2 Sri B. Shankaraiah, S/o. Babaiya, ,R/o. H. No. 18-9-235, Chandrayanagutta, Hyderabad.

(The 2nd Respondent herein is not necessary party to this Civil Revision Petition.) Respondent/Judgment Debtor-3/ Respondent Petition under Section 115 of C.P.C. praying that this Hon'ble High Court may be pleased to allow the revision and set aside the order dated 3112-2014 in E.P.No.91 of 2013 in ARC Case No.72 of 2010 on the file of XVth Additional District Judge, Ranga Reddy District at L.B. Nagar. CRPMP.NO.867 OF 2015 Petition under Section 151 of C.P.C., praying that in the circumstances stated in the petition and the affidavit filed herein, the High Court may be pleased to suspend the operation of orders dated 31-12-2014, in E.P.No.91 of 2013 in ARC.No.72 of 2010, on the file of the XV Additional District Judge, Ranga Reddy at L.B.Nagar, pending disposal of CRP.No.658 of 2015 on the file of the High Court.

The Petition coming on for hearing upon perusing the memorandum of grounds filed herein, orders of the High Court dated 25-02-2015, 9-6-2015 and 14-10-2015 made herein and upon hearing the arguments of Sri. Sujith Jaiswal, Advocate for the petitioners, and Sri. Maheswara Rao Kunchem, Advocate for Respondent No.1, the Court made the following

ORDER:

It is represented that pursuant to the interim order, dated 09-062015, passed by this Court, an amount of Rs. 20,00,000/- was deposited by the petitioners and thereafter a further sum of Rs. 30,00,000/- was deposited in two spells i.,e Rs. 5,00,000/- in one spell and Rs. 25,00,000/- in another spell, thereby the petitioners have altogether paid an amount of Rs. 50,00,000/-. It is also stated that the dispute between the parties is settled and they have agreed for payment of Rs.

69,00,000/- towards full and final settlement and as Rs. 50,00,000/- is already paid, the respondent Bank has agreed to close the loan account by accepting the balance amount of Rs. 19,00,000/- from the petitioners. ..2...

Interim order granted earlier shall continue, on condition of petitioners depositing a further sum of Rs. 19,00,000/- (Rupees Nineteen lakhs only) within a period of four weeks from today. Post after four weeks.

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The XVth Additional District Judge, Ranga Reddy District at L.B. Nagar.

2 One CC to Sri. Sujith Jaiswal, Advocate (OPUC) 3 One CC to Sri. Maheswara Rao Kunchem, Advocate (OPUC) 3 One spare copy Skm

HIGH COURT RSR,J & ASN,J Drafted by: skm Drafted on: 3-11-2015 DATE: 29-10-2015 NOTE: POST AFTER FOUR WEEKS

ORDER

CRP.NO.658 OF 2015 CONTINUATION OF INTERIM ORDER