Telangana High Court
WP/24876/2004 of Industrial Development Bank of India Ltd., Vs Recovery Officer (Asst. Provident Fund Commissioner) on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24876 of 2004 Between: Industrial Development Bank of India Ltd., 5-9-89/1, & 2
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANAWRIT PETITION NO.24876 of 2004
Between:
Industrial Development Bank of India Ltd., 5-9-89/1, & 2 Chapel Road, PB.No.370,Hyderabad, rep. by its Dy. General Manager.
..... PETITIONER
AND
1 The Recovery Officer (Asst. Provident Fund Commissioner) employees Provident Fund Organization, Sub-Accounts office-12-1 Susheeram Complex, Patancheru, Medak District.
2 The Employees Provident Organisation Regional Office at Bavisya Bhavan, Barkatpura, Hyderabad.
3 The Central Provident Fund Commissioner, Bavishya Nidhi Bhavan, 14
Bhikaji Cama New Delhi
4 SOM Phytopharma India Ltd., Plot No.154/A5, sy.no.172/U SVCIE IDA Bolaram, Medak District. IDA Bolaram, Medak District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toIssue a writ, order or a direction, more particularly one in the nature of Writ ofMandamus declaring the action of the 1st Respondent in issuing the auction noticeNo.AP/SAO/PTC/32402/ENF(Recy)/2004 dt. 22/11/2004 proposing to sell theassets of the 4th respondent without notice to the petitioners and without consideringthe petitioners objections as being illegal, arbitrary, unconstitutional andconsequently set aside the same and further direct the respondents not to affect anysale of the 4th respondent properties without notice to the petitioners.
Counsel for the Petitioner: MR.S.NIRANJAN REDDY
Counsel for the Respondent Nos.1 to 3: MR.R.N.REDDY
Counsel for the Respondent No.4: ------
The Court, at the admission stage, made the following:
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ORDER:
The main grievance of the petitioner-Bank in this writ petition is that without givingany notice and without considering the claim petition filed by it before the 1[st]respondent-Recovery Officer, the 1[st] respondent-Recovery Officer issued auctionnotice No. AP/SAO/PTC/32402/ENF(Recy)/2004, dated 22.11.2004 proposing to sell theassets of the 4[th]respondent-Company on 08.01.2005, which werepledged/hypothecated to the petitioner-Bank. Hence, the writ petition.
Learned Standing Counsel appearing on behalf of the first respondent, oninstructions, submitted that the 1[st] respondent-Recovery Officer is going to passorders in accordance with law, on the claim petition filed by the petitioner-Bank in aday or two i.e., much before the auction date.
Heard the learned counsel for petitioner and learned Standing Counsel forRespondents. Both counsel agreed for disposal of the writ petition at the stage ofadmission.
Having regard to the submission made by the learned Standing Counsel forrespondents that the claim petition of the petitioner bank would be considered andappropriate orders would be passed before the date of auction, no further orders arerequired to be passed in the present. Hence, recording the said submission made bythe learned Standing Counsel for 1[st] respondent-Recovery Officer, the writ petitionis disposed of at the admission stage. No costs.
_________________
(N.V. RAMANA, J)
Date: 30.12.2004
Nsr/Tvk
SECTION OFFICER
To
1 The Recovery Officer (Asst. Provident Fund Commissioner) employees Provident Fund Organization, Sub-Accounts office-12-1 Susheeram Complex, Patancheru, Medak District.
2 The Employees Provident Organisation Regional Office at Bavisya Bhavan, Barkatpura, Hyderabad.
3 The Central Provident Fund Commissioner, Bavishya Nidhi Bhavan, 14
Bhikaji Cama New Delhi
4 Two CD copies.