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2025 DAILYLAW 15074 (AP)

ABDUL KHALIQ v. UNION OF INDIA

WP/10300/2025 · 2025-04-25

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY. THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE t Of 3-*' 'it II ,MC PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10300 OF 2025 Between: Abdul Khaliq, S/o Late M. Abdul Quddus, aged about; 45 years, residing at D.no. 17-1-1/4, Parvathi Nagar, Rayadurgam, Anantapur Dist 515865 ...Petitioner AND 1. Union of India, Rep. b y its PrI. Secretary Banking and Finance Department New Delhi. 2. M/s Shriram City Union Finance Ltd, Rayadurgam A body corporate constituted having its corporate office At Chennai amongst other places at Rayadurgam by Its authorized officer Sudhakar Neerugaanti ...Respondents Petition under Article 226 of the Constitution of the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction India praying that in may more particularly one in the may be pleased to extend nature of mandamus declaring the action of the the time granted in I.A.No. 924 of 2025 dt.28.03.2025 in S.A.No. 141 of 2025 passed by the Debt recovery tribunal - II, Hyderabad in sofar as payment of 1 St installment of Rs. 6,75,000/- within one week (28.03.2025) and 2nd installment Rs. 4,00,000/- within Two weeks thereafter one week. lA 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 to extend the time granted in I.A.No. 924 of 2025 dt.28.03.2025 in S.A.No. 141 of 2025 passed by the Debt recovery tribunal - II, Hyderabad in so far as payment of 1st installment of Rs. 6,75,000/- within one week (28.03.2025) and 2nd installment Rs. 4,00,000/- within Two weeks thereafter pending disposal of main writ petition. Counsel for the Petitioner: SRI P NARASIMHULU Counsel for the Respondent No. 1: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: - The Court made the following order: APHC010189902025 Bench Sr.No:-7 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [0] WRIT PETITION NO: 10300 of 2025 Abdul Khaliq ...Petitioner Vs. Union of India and others ...Respondents Advocate for Petitioner P NARASIMHULU Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25*'^ April, 2025 PC : The petitioner appears to have preferred an S.A bearing No. 141 of 2025 before the Debts Recovery Tribunal-ll at Hyderabad, who by virtue of its order dated 28.03.2025 gave interim protection subject to the petitioner depositing an amount of Rs. 10,75,000/- in two installments of Rs.6,75,000/- and Rs.4,00,000/- respectively. The first installment was directed to be deposited within one week from the date of the said order and the second installment was directed to be deposited within two weeks thereafter; and, in event of failure of compliance the interim stay would stand vacated. 2 HCJ & RC, J WP 10300 2025 2. Learned counsel for the petitioner states that the aforementioned direction for payment of the installments could not be complied with within the time prescribed on account of various reasons details whereof have been given in the writ petition. 3. The only relief that is sought in the present petition is with regard to extending the interim protection subject to payment by the petitioner within three weeks from today, the two installments, an amount of Rs. 10,75,000/- as was earlier ordered. 4. Be that as it may, considering the peculiar facts and circumstances of the case, we direct that in case the petitioner deposits an amount of Rs.10,75,000/- within four weeks from today, the petitioner would be entitled to the interim protection which was otherwise ordered by virtue of order, dated 28.03.2025. We make it clear that the present order shall not form a precedent for future reference. 5. The Writ Petition is, accordingly, disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Union of India, Banking and Finance Department New Delhi. 2. The Authorized officer Sudhakar Neerugaanti, M/s Shriram City Union Finance Ltd, Rayadurgam A body corporate constituted having its corporate office At Chennai amongst other places at Rayadurgam. 3. One CC to Sri. P Narasimhulu Advocate [OPUC] 4. One CC to Sri. Pasala Ponna Rao, Deputy Solicitor General of India. [OPUC] 5. Three CD Copies GSC HIGH COURT DATED:25/04/2025 ORDER WP.No.10300 of 2025 fg 2 s 2ro5 1 Curreni ^section DISPOSING THE WP WITHOUT COSTS