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2025 DAILYLAW 17803 (AP)

VELGA SRIRAMA MURTHY v. SRI MATHANI MATHA AGROS PRIVATE LTD

WA/576/2025 · 2025-06-23

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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\ i- AphcOI0244102025 IN THE HIGH COURT OF ANDHRA PRADESJ+ AT AMARAVATI TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE ^ PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI I.A. No. 1 OF 2025 IN/ AND WRIT APPEAL NO: 575 OF 2025^ ALONG WITH WRIT APPEAL NO. 576 OF 2025^ lA NO: 1 OF 2025 Between: Velaga Srirama Murthy, S/o.Rama Rao, Aged about 48 years, Director of Sri Mathangi Matha Agros Private Limited, R/o.Komatigunta Village, Gopalapuram Mandal, East Godavari District. ...Petitioner/Appellant^ AND 1. Sri Mathani Matha Agros Private Limited, Rep by its MD Sri Meka Seshau Babu, Having registered office at RS.No.53, Komatigunta Village, Gopalapuram Mandal, East Godavari District, AP. Sri Meka Seshu Babu, Managing Director, Sri Mathani Matha Agros Private Limited Having registered office at RS.No.53, Komatigunta Village, Gopalapuram Mandal, East Godavari District, AP. The State of Andhra Pradesh, Rep by its Principal Secretary, Civil Supplies and consumer Affairs Department, Secretariate, Velagapudi, Amaravathi, Guntur District 2. 3. 4. The Collector Civil Supplies, East Godavari District, Andhra Pradesh. 5.^ The Tahasildar, Gopalapuram Mandal, East Godavari District. 6. The Revenue Divisional Officer, Kowur, East Godavari District. 7. The Andhra Pradesh State Civil Supplies Corporation, Rep by its Vice- Chairman and MD, Vijayawada, Andhra Pradesh. 8. The District Supply Officer, East Godavari District, Andhra Pradesh. 9. The Assistant Supplies Officer, Rajamahendravaram. East Godavari District. ■ ■ 10. The Station House Officer, Gopalapuram Police Station, Godavari District ...Respondents/Respondents 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 grant leave to the Petitioner to file Writ Appeal against the W.P.No.9446/2025, dated 25-04-2025 in the interest of justice. WRIT APPEAL NO: 575 OF 2025 Writ Appeal under Clause 15 of the Letters Patent against the order dated 25- 04-2025 in W.P.No.9446/2025, on the file of the High court. lA NO: 3 OF 2025 Orders in 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 suspend the interim orders in WP.N6.9446/2025, dated 25- 04-2025 passed by the Learned Single Judge pendirig disposal of the main writ appeal in the interest of justice. ' Counsel for the Petitioner: P NAGENDRA REDDY Counsel for the Respondent Nos. 3 to 6: GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos. 7 to 9: SRI VENKAT CHALLA Counsel for the Respondent No.10: GP FOR HOME APHC010244032025 WRIT APPEAL NO: 576 OF 2025 Writ Appeal under Clause 15"of the Letters Patent against the Orders dated 25-04-2025 in I.A.No.2/2025 in W.P.No.9446/2025, on the file of the High Court. Between: Velga Srirama Murthy, S/o.Rama Rao, Aged about 48 years, Director of Sri Mathangi Matha Agros Private Limited, R/o.Komatigunta Village, Gopalapuram Mandal, East Godavari District. ...Petitioner^ AND 1. Sri Mathani Matha Agros Private ltd. Rep by its MD Sri Meka Seshau Babu, Having registered office at RS.No.53, Komatigunta Village, Gopalapuram Mandal, East Godavari District, AP. 2. Sri Meka Seshu Babu, Managing Director, Sri Mathani Matha Agros Private Limited Having registered office at RS.No.53, Komatigunta Village, Gopalapuram Mandal, East Godavari District, AP. 3. The State of Andhra Pradesh, Rep by its Principal Secretary, Supplies and consumer Affairs Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 4. The Collector Civil Supplies, East Godavari District, Andhra Pradesh. 5. The Tahasildar, Gopalapuram Mandal, East Godavari District. 6. The Revenue Divisional Officer, Kovvur, East Godavari District. 7. The Andhra Pradesh State Civil Supplies Corporation, Rep by its Vice Chairman and MD, Vijayawada, Andhra Pradesh. 8. The District Supply Officer, East Godavari District, Andhra Pradesh. 9. The Assistant Supplies Officer, Rajamahendravaram District Civil East Godavari ...Respondents^ Counsel for the Petitioner; P NAGENDRA REDDY — Counsel for the Respondent Nos. 3 to 6: GP FOR HOME - Counsel for the Respondent Nos. 7 to 9: SRI VENKAT CHALLA Counsel for the Respondent No. 10: GP FOR HOME ^ The Court made the following Common Order: V. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.Nos:- 56& 57 [3483] APHC010244102025 I.A.No.l of 2025 in/and WRIT APPEAL NO: 575 of 2025 ALONG WITH WRIT APPEAL No.576 of 2025 WRIT APPEAL NO: 575 of 2025 Velaga Srirama Murthy ...Appellant Vs. Sri Mathani Matha Agros Private Limited and others ...Respondents ********** Advocate for Appellant: Mr. P. Nagendra Reddy GP for Home, Mr. Venkat Challa, GP for Civil Supplies Advocates for Respondents; CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 24‘*’ June, 2025. DATE P C : Since the issue involved in both the cases is similar, we propose to dispose of these cases, by way of this common judgment. 2. W.A.No.576 of 2025 has been filed challenging the dismissal of the implead petition of the appellant before the learned Single Judge by virtue of order dated 25.04.2025 in W.P.No.9446 of 2025. HCJ & RCJ ' WA_575 & 576_2025 Furthermore, I.A.No.1 of 2025 in Writ Appeal No.575 of 2025 has been filed seeking leave to prefer an appeal against the order dated 25.04.2025, passed in W.P.No.9446 of 2025, wherein the learned single Judge had granted interim suspension of the order dated 17.04.2025, passed by the District Collector. 3. 4. The appellant herein claims to be a Director in Sri Mathangi Matha Agros Private Limited. However, it appears that he was removed as a Director and proceedings were initiated by the appellant before the National Company Law Tribunal where he is stated to have lost. A further appeal is stated to be pending before the National Company Law Appellate Tribunal. In the meantime, an order came to be passed by the Collector on 17.04.2025, which was challenged by respondent No.1 before the learned single Judge. 5. An interlocutory application bearing I.A.No.2 of 2025 came to be filed by the appellant before the learned Single Judge seeking impleadment party respondent in his capacity as a Director of the said company. The said application, however, was rejected by virtue of order dated 25.04.2025 on the ground that the appellant had since been removed as a Director with effect from 30.09.2023 and in this regard the learned Single Judge had placed reliance upon the order dated 26.03.2025 passed by the National Company Law Tribunal. as Copy of the order passed by the NCLT has not been placed record. However, the learned counsel for the appellant does not dispute the 6. on f 3 HCJ & RCJ WA_575 & 576_2025 fact that the removal of the appellant before the NCLT and was dismissed. a Director had been challenged as 7. We have heard learned counsel for the appellant and find ground for granting leave as prayed for in view of the order passed by the NCLT refusing to grant relief to the appellant pertaining to his removal Director. no as a 8. We see no perversity in the order passed by the learned Single Judge in refusing the relief of impleadment to the appellant inasmuch as he had failed to establish his right to be impleaded as such on account of his ceasing to be a Director in the company. 9. For the aforementioned reasons, I.A.No.1 of 2025 in/and Writ Appeal No.575 of 2025, is dismissed. Consequently, the W.A.No.576 of 2025 shall stand dismissed. No order as to costs. Pending miscellaneous applications, if any, in these appeals, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri P Nagendra Reddy Advocate [OPUCJ 2. One CC to Sri Venkat Challa Advocate [OPUC] 3. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 4. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh[OUT] 5. Three CD Copies Gsc (gsg) HIGH COURT DATED: 24/06/2025 COMMON ORDER lA No.1 OF 2025 IN WA No. 575 OF 2025 AND WA No. 576/2025 DISMISSING THE lA NO. 1 ^ OF 2025 IN WA No. 575 OF 2025, CONSEQUENTLY DISMISSING THE WA NO. 576 OF 2025 WITHOUT COSTS