Madras High CourtWMP/25473/2017dismissed

M/S.Narayanaswamy Boiled v. Authorised Officer,

2017-09-08Honourable Mr Justice S. Manikumar,Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Eighth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S. MANIKUMAR and The Hon`ble Mr Justice M.DHANDAPANI WMP No.25473 & 25474 of 2017 IN WP.24123/2017 1 M/S.NARAYANASWAMY BOILED [PETITIONERS IN BOTH THE PETITIONS] INDUSTRIES, REP. BY ITS MANAGING PARTNER, PIRIKITI VENKATESWARULU, NH-5, BOPPUDI (V), CHILAKALURIPETA, GUNTUR DT., A.P.

2 PIRIKITI VENKATESWARLU, S/O.NARASIAH, C/O. NARAYANASWAMY BOILED INDUSTRIES, NH-5, BOPPUDI (V), CHILAKALURIPETA, GUNTUR DISTRICT, A.P.

Vs 1 AUTHORISED OFFICER, [ RESPONDENTS IN BOTH THE PETITIONS] ANDHRA BANK, SPECIAL SSI BRANCH, LODGE CENTRE, GUNTUR DISTRICT, A.P.

2 ANDHRA BANK, KORETIPADU, GUNTUR DISTRICT, A.P.

3 K.SUBBAIAH PILLAI & COMPANY (INDIA) LTD., NH-5, BOPPUDI VILLAGE, GUNTUR DISTRICT, A.P.

4 THE DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the respondent to return the title deeds of the properties as mentioned in petition, as the bank do not have any right withhold the same, in WMP No.25473 of 2017. (2)to direct the bank to furnish the statement of account and auction proceedings which held on 31.10.2006 and place the same before this Honourable Court WMP No.25474 of 2017 pending disposal of the above WMP No.25473 & 25474 of 2017.

Order : These petitions coming on for orders upon

perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.P.SUBBA REDDY, Advocate for the petitioner in both the petitions the court made the following order:- (Order of the Court was made by S.Manikumar,J) Pending disposal of the writ petition, in W.M.P.No.25473 of 2017, the petitioner has sought for a direction, to the respondent, to return the title deeds of the properties, as the Bank does not have any right to withhold the same and in W.M.P.No.25474 of 2017, the petitioner has sought for a direction, to direct the Bank, to furnish the statement of account and auction proceedings which held, on 31/10/2006 and place the same before this Court.

2. Prayer sought for in both the petitions cannot be granted, at this juncture. Hence these Miscellaneous Petitions are dismissed.

-sd/- 08/09/2017 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 AUTHORISED OFFICER, ANDHRA BANK, SPECIAL SSI BRANCH, LODGE CENTRE, GUNTUR DISTRICT, A.P.

2 ANDHRA BANK, KORETIPADU, GUNTUR DISTRICT, A.P.

3 THE DEBTS RECOVERY APPELLATE TRIBUNAL -II, CHENNAI.

C.C. to M/S.P.SUBBA REDDY Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP No.25473 & 25474 of 2017 IN WP.24123/2017 Date :08/09/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (21/09/2017)