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High Court for State of TelanganaCC/527/2016dismissed no costs

Doshi Ratna Prabha v. T.S. Ramesh Bapu,

2017-09-01Sanjay Kumar,B.Siva Sankara Rao2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR and THE HON'BLE DR JUSTICE B.SIVA SANKARA RAO CONTEMPT CASE No.527 of 2016 ORDER: (per SK, J) This Contempt Case was instituted alleging willful disobedience to the order dated 25.02.2016 passed by this Court in Writ Petition No.5754 of 2016.

By the said order, this Court provided the petitioner time up to 30.03.2016 to liquidate the entire liability of the Andhra Bank failing which the bank was granted liberty to proceed further by putting the secured asset to sale or to dispose it or otherwise adjust the proceeds of such sale fully as against the outstanding liability. Significant to note, this order was passed without notice to the respondent bank.

While so, the Assistant General Manager, Andhra Bank, filed an affidavit narrating the sequence of events culminating in the auction of the secured asset on 17.02.2016, well before the passing of the order by this Court on 25.02.2016. Though a reply affidavit has been filed by the petitioner, we find that this basic fact is irrefutable.

SK, J & Dr. SSRB, J C.C.No.527 of 2016 That being so, this Court finds no disobedience, much less willful disobedience, to the order passed by this Court warranting exercise of contempt jurisdiction.

The Contempt Case is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

___________________ SANJAY KUMAR, J 1st SEPTEMBER, 2017.

__________________________ Dr. B.SIVA SANKARA RAO, J kvni