Telangana High Court

WP/22787/2020 of M/s Classic Chemicals Limited Vs The Debts Recovery Tribunal-II and 2 others on 31 December 2020

THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY , THE THIRTY FIRST DAY OF DECEIMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRIJUSTICE A.RAJASHEKER REDDY AND THE HON'BLE SRI JUSTICE K.LAKSHMAN Betwee n: M/s Classic Chemicals Limited, Rep by its Proprietor Sri

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

THURSDAY ,THE THIRTY FIRST DAY OF DECEIMBERTWO THOUSAND AND TWENTY

PRESENT

THE HON'BLE SRIJUSTICE A.RAJASHEKER REDDY

AND

THE HON'BLE SRI JUSTICE K.LAKSHMAN

WRIT PETITION NO: 22787 OF 2020

Betwee n:

M/s Classic Chemicals Limited, Rep by its Proprietor Sri Sunil Chawda [21711,]Ground Floor, 2nd Cross Near Juloori Veereshalingam Mandapam PrenderghastRoad, Secunderabad.

...PETITIONER

AND

1. The Debts Recovery Tribunal-ll, 3rd Floor, Triveni Complex, Palace [Heights.]Abids Hyderabad - 500 001, Rep. by its RegistrarAbids Hyderabad - 500 001, Rep. by its Registrar

2. The Authorized Officer, State Bank of lndia, [SA[r,4 ]Branch, Secunderabad

3. lr,4/s Vasantha Surgicals Equipments, Rep, by its Proprietor Smt.AmaraheniVasantha Plot No.261A,27 and 28, ANRICH lndustrial Estate, D.No. 15-12, [IDA]Bollarum, Jinnaram Mandal, Ir4edak DistVasantha Plot No.261A,27 and 28, ANRICH lndustrial Estate, D.No. 15-12, [IDA]Bollarum, Jinnaram Mandal, Ir4edak Dist

...RESPONDENTS

Page 1 of 3

Petition under Article 226 oI lhe Constitution of lndia [praying ]that in [the]circumstances stated in the affidavit filed therewith, the High Court [may be pleased to]issue a Writ, Order or Direction, more [particularly ]one in the [nature ][of ][WRIT ][OF]MANDAIMUS, or any other approprlate Writ or Writs declaring [the ][action ][of ][the]Respondent No.1 , in not allowing the [petitioner ]to [mark ][the ][documents ][and ][lead]evidence is contrary to the directions of the Debts [Recovery Appellate ][Tribunal ][at]Kolkata, lncharge Debts Appellate Tribunal, [Allahabad, ][in ][Appeal ][Nos.lBB/2018 ][and]191t2018, dated.14-01-2020, is illegal, [u ]nconstitutiona [I and ][violative ][of ][Articles ][14,]19, and 21 of the Constitution of lndia also amounting [to ][impropriety ][for ][not following]the [judgment ]of the Debts Recovery Appellate [Tribunal ][at ][Kolkata, lncharge ][Debts]Appellate Tribunal, Allahabad and consequently [direct ][the ][Debts ][Recovery Tribunal-]ll, Hyderabad to permit the [petitioner ]to mark the documents [and ][to adduce ][evidence]in S.A.No.1 11512017 [(Old ]S.A.NO.259/2013).

lA NO: 1 OF 2020

Petition under Section ['l ]51 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 in SA.No.111512017 [(OId ][S.S.No.25912013) ][before ][the ][Debts]Recovery Tribunal-ll, Hyderabad, [pending disposal of the ][writ ][petition]

Counsel for the Petitioner : SRI MUDDU [VIJAY]Counsel for the Respondent No.1:-------Counsel for the Respondent No.2: SRI [N. ][MEHAR PRASAD, SC ][FOR SBI]Counsel for the Respondent No.3:------ The Court made the following: ORDER

THE HON'BLE SRIJUSTICE A.RAJASHEKER REDDYANDTHE HONOURABLE SRI JUSTICE K. LAKSHMAN

Writ Petition No.22787 of 2020

oR DER: Per (Sri Justice A. Raiasheker Reddv)

Learned counsel for the petitioner submits that the cause in the writpetition does not survive for adjudication and the writ petition has becomeinfructuous.infructuous.

Recording the aforesaid submission, the Writ [petition ]is dismissed asinfructuous. No order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shallstand dismissed.

SD/.B.SATYAVATHIASSISTANT REGIR,TRUE COPY//SECTIN OFFICER

To,1. One CC to Sri Muddu Viiay, Advocate [OPUC]2. One CC to Sri N. Ivlehar' Prasad, Advotate tOpUCl3. Two CD CopiesSM\\x HIGH COURT

DATED:3111212020

ORDERWP.No.22787 ol 2020

DISMISSING THE WPAS INFRUCTUOUS,WITHOUT COSTS

\\

1HE [SIA]rr'o[s]o,t(')o12 JAil 2021.--f,.S FAI C,\

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