WP/18300/2023 of IDUPULAPADU COTTON MILLS PVT LTD Vs THE UNION OF INDIA on 28 December 2025

1. IDUPULAPADU COTTON MILLS PVT LTD, REP BY IT'S CHAIRMAN, MR KAMEPALLI SUBBA RAO D.NO. 206. GANAPAVARAM, NANDENDLA MANDALAM, NEAR CHILAKALURIPET, GUNTUR DISTRICT- 522619

...PETITIONER AND

1. THE UNION OF INDIA, REP. BY IT'S SECRETARY, MINISTRY OF FINANCE. SANSAD MARG, NEW DELHI 110001

2. THE RESERVE BANK OF INDIA, REP. BY GOVERNOR, 16TH FLOOR, CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH ROAD MUMBAI 400 001.

3. THE TAMIL NADU MERCANTILE BANK LIMITED, REP BY ITS MANAGING DIRECTOR AND CEO 57, V.E. ROAD, TUTICORIN, TAMILNADU, INDIA ZIP 628 002.

4. THE TAMIL NADU MERCANTILE BANK, REGIONAL OFFICE, HYDERABAD 102, 103 AND 124, CHENOY TRADE CENTRE, FIRST FLOOR, PARK LANE, S.D. ROAD, SECUNDERABAD-500 003.

5. THE TAMIL NADU MERCANTILE BANK, 24-2-49, CHUNDRU MANSION, CHAPARALAVARI STREET GUNTUR- 522003

...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order, direction more particularly one in the nature of writ of mandamus declaring the action of respondent no.5 in issuing the impugned notice dated 12.07.2023 thereby directing the petitioner company to handover the possession of spinning mill plant AND machineries, accessories, spare AND tool Equipments, generators and stocks machinery and stocks from petitioner factories situated at D.No.206, Ganapavaram, Guntur district and D.No.747, Jonnathalli village, Bapatla district is unknown to law and without any authority and is without following the due process of law as illegal, arbitrary, unconstitutional and violative of principles of natural justice, Article 14, 21 of the Constitution of India and consequently to set aside the impugned notice dated 12-07-2023 issued by 5th respondent and to pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay of all further proceedings pursuant to the impugned notice dated. 12-07-2023 issued by the 5th respondent pending disposal of the writ petition pending disposal of the above writ petition and to pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 21-07-2023 in IA No.1 of 2023 in W P No.18300 of 2023 and to pass IA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to permit the petitioner to amend the cause-title of petitioner company with 'Idupulapadu Cotton Mills Pvt Ltd.Rep by its chairman and Managing Director ,Kamepalli Brahmanaidu S/o Subba Rao' in the place of `Idupulapadu Cotton Mills Pvt Ltd. Rep by it's chairman Kamepalli Subba Rao' in the interest of justice the and to pass

IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to Permit the petitioner to substitute the writ affidavit originally filed in the present writ petition with a corrected affidavit filed along with this petition, reflecting the name of Mr. K. Brahmanaidu, S/o K. Subbarao, Managing Director of M/s Idupulapadu Cotton Mills Pvt. Ltd., as the petitioner, in place of Mr. K. Subba Rao and Pass Counsel for the Petitioner:

1. PILLIX LAW FIRM Counsel for the Respondent(S):

1. HARINARAYANA K

2. The Court made the following ORDER: The present Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: “…..issue writ, order, direction more particularly one in the nature of writ of mandamus declaring the action of respondent no.5 in issuing the impugned notice dated 12.07.2023 thereby directing the petitioner company to handover the possession of spinning mill plant AND machineries, accessories, spare AND tool Equipments, generators and stocks machinery and stocks from petitioner factories situated at D.No.206, Ganapavaram, Guntur district and D.No.747, Jonnathalli village, Bapatla district is unknown to law and without any authority and is without following the due process of law as illegal, arbitrary, unconstitutional and violative of principles of natural justice, Article 14, 21 of the Constitution of India and consequently to set aside the impugned notice dated 12.07.2023 issued by 5th respondent and to pass such other order …”

2. Heard learned counsel on both sides.

3. The learned counsel for the petitioner submits that service proceedings were issued subsequent to filing of the present writ petition i.e., on 31.07.2023. Therefore, he seeks permission of this Court to withdraw the writ petition with liberty to question the said proceedings.

4. Permission is accorded.

5. Accordingly, the Writ Petition is dismissed as withdrawn with liberty to the petitioner to question the service proceedings dated 31.07.2023. No order as to costs.

6. The interim orders granted earlier shall stand vacated.

As a sequel, miscellaneous applications pending, if any, shall stand dismissed. __________________________ JUSTICE SUMATHI JAGADAM Date: 29.12.2025 KS

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 18300/2023

Date: 29.12.2025 KS