WP/16310/2007 of Sashi Agro Food (P) Limited, Vs Andhra Bank, on 31 December 2007

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY THE SECOND DAY OF AUGUSTTWO THOUSAND AND SEVEN:PRESENT:

THE HON'BLE MS JUSTICE G.ROHINIWRIT PETITION NO : 16310 of 2007

Between:

Sashi Agro Food (P) Limited., 4-45-12, Lawsons Bay Colony Post,Visakhapatnam-530017, rep.by its Managing Director, Smt. RavipatiUmadevi, W/o. Sri R.R.K. Murthy.

.....PETITIONER

AND

1.Andhra Bank, SSI Branch, Gajuwaka, rep.by its Branch Manager.2.M/s. Asset Reconstruction Company (India) Limited., a Companyincorporated under the Companies Act, 1956 having its office at 17[th]Floor, Express Towers, Nariman Poijnt, Mumbai-400021, andrep.by its Special Power of Attorney Holder M/s. APTICO Limited.,having its office at Parisrama Bhavan, Basheerbagh, Hyderabad.2.M/s. Asset Reconstruction Company (India) Limited., a Companyincorporated under the Companies Act, 1956 having its office at 17[th]Floor, Express Towers, Nariman Poijnt, Mumbai-400021, andrep.by its Special Power of Attorney Holder M/s. APTICO Limited.,having its office at Parisrama Bhavan, Basheerbagh, Hyderabad.

....RESPONDENTS

Petition under Article 226 of the Constitution of India prayingthat in the circumstances stated in the Affidavit filed herein the High Courtmay be pleased to issue a writ or order, more particularly, one in the natureof a writ of mandamus or any other writ declaring the action of the 2[nd]respondent in resorting to action under Section 14 of the SERFAESI Actand the consequent issuance of warrant dated 07-07-2007 in Crl.M.P.No.13963 of 2007 by the Chief Metropolitan Magistrate, Visakhapatnam, is inviolation of law, principles of natural justice and also Article 300A of theConstitution of India and consequently direct the 2[nd] respondent not tointerfere with the possession of the properties given by the petitioner assecurity to the 1[st] respondent otherwise than due process of law.

The petition coming on for hearing, upon perusing the petitionand the affidavit filed in support there of and the High Court order dated31/07/2007and upon hearing the arguments of SRI S. RAJAN, Advocate forthe Petitioner and of Sri K. Lakshmi Narasimha, Advocate for therespondent No.1, the Court made the following:

ORDER: Sri S. Niranjan Reddy, who accepted notice for the respondents, seeks time to file counter. Post on Tuesday for admission. The interim order granted earlier shall continue till then.

// TRUE COPY //

ASSISTANT REGISTRAR

for ASSISTANT REGISTRAR

To

1.The Branch Manager, Andhra Bank, SSI Branch, Gajuwaka.2.M/s. Asset Reconstruction Company (India) Limited., a Companyincorporated under the Companies Act, 1956 having its office at 17[th]Floor, Express Towers, Nariman Poijnt, Mumbai-400021, andrep.by its Special Power of Attorney Holder M/s. APTICO Limited.,having its office at Parisrama Bhavan, Basheerbagh, Hyderabad.2.M/s. Asset Reconstruction Company (India) Limited., a Companyincorporated under the Companies Act, 1956 having its office at 17[th]Floor, Express Towers, Nariman Poijnt, Mumbai-400021, andrep.by its Special Power of Attorney Holder M/s. APTICO Limited.,having its office at Parisrama Bhavan, Basheerbagh, Hyderabad.

( 1 and 2 by RPAD)

3.The Chief Metropolitan Magistrate, Visakhapatnam.

4.one C.C.to Sri S. Rajan, Advocate. (OPUC)

5.One spare copy.

AGS

HIGH COURT

RG.J.

DATED 02/08/2007

POST ON TUESDAY