HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22491 of 2014 Date:14.10.2014 Between:
M/s Annapurna Rice Mills, Miryalaguda, reptd by its Proprietor-A.Linga Reddy . Petitioner And:
The A.P. State Financial Corporation, reptd by its General Manager (Projects-I), Hyderabad and another.
. Respondents Counsel for the Petitioner: Sri E.Satyanarayana For Sri Srinivas Polavarapu Counsel for the Respondents: Sri P.Chakravarthy For Sri Y.N.Lohita The Court made the following:
ORDER:
This Writ Petition is filed for the following substantive relief:
“to issue a Writ, order or direction more particularly one in the nature of WRIT OF Mandamus, (a) declaring the action of Respondent No.2 in issuing Recall-cum-Sale Notices in APSFC/MR&R/2051 and 2052, dated 22.07.2014 as illegal, arbitrary, unfair and violative of terms and conditions of the Term Loan Proceedings and also violative of Articles 14, 19, 21 and 300-A of the Constitution of India and also further opposed to the provisions of State Financial Act; (b) consequently, to set-aside the Re- call-cum-Sale Notices issued by the 2nd Respondent in APSFC/MR&R/2051 and 2052, dated 22-07-2014; (c) further to direct the Respondents to consider the Representation dated 02-08-2014 of the Petitioner by providing necessary financial assistance to it by re-Scheduling the existing loan amounts by waiving the penal interest etc.”
At the hearing, Sri E.Satyanarayana, learned counsel representing Sri Srinivas Polavarapu, learned counsel for the petitioner, while stating that the conditional interim order, dated 14.08.2014, of this Court has been complied with by the petitioner by making payment of Rs.50 lakhs, further submitted that the respondents have informed the petitioner that if it withdraws the Writ Petition, they will consider the re-schedulement of the balance loan amount. He has, therefore, requested for permission of the Court to withdraw the Writ Petition with liberty to the petitioner to approach the respondents for re-scheduling the balance loan amount.
Sri P.Chakravarthy, learned counsel representing Sri Y.N.Lohita, learned counsel for the respondents, submitted that the petitioner has not complied with the conditional interim order.
Inasmuch as the petitioner is seeking withdrawal of the Writ Petition, without rendering any finding on the compliance or otherwise of the conditional interim order, the Writ Petition is dismissed as withdrawn with liberty to the petitioner in terms of the prayer made.
As a sequel to dismissal of the Writ Petition, interim order, dated 14.08.2014, is vacated and W.P.M.P.No.28207 of 2014 filed by the petitioner for interim relief is dismissed as infructuous.
14th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY