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2025 DAILYLAW 29454 (AP)

COSMOS RUBBER (ANDHRA) PRIVATE LIMITED v. THE AUTHORIZED OFFICER

WP/21640/2025 · 2025-08-13

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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APHC010422102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 21640 OF 2025 Between: 1. M/s. Cosmos Rubber (Andhra) Private Limited, 32-8-17 and 17-A, 32-2-6, Madhu Mahalakshmi Complex, Moghalrajapuram, Vijayawada- 520010. 2. MV Srinivas, S/o Late Subramanyam, 40-15-8/2, Nandamuri Vari Brindavan Colony, Vijayawada, Krishna District-520010 Street, Venkateswarapuram Labbipeta ...PETITIONERS AND 1. The Authorized Officer, Hinduja Leyland Finance Limited Corporate Office 27 A, Developed Industrial Estate, Guindy Chennai-600032. 2. Branch Manager, Hinduja Leyland Finance Limited 38, 1"‘ Cross Rd, near Laxmi Vilas Bank, Guru Nanak Colony, Vijayawada, Andhra Pradesh 520008 Kanaka Durga Gazetted Officers Colony, 3. M/s Aayush NRI CEPL Health Care Private Limited, Rep by its Director Dr.Kantamneni Srinivas Sai, S/o. K.Ragha Rajendra Rao, D.No. 48- 13-3 AND 3A, Sri Ramchandra Nagar, Vijaywada -520008, Andhra Pradesh. /7 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the ciroumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularlythe one in the nature Writ of Certiorari calling for the records relating to SA.No.582/2023 on the file of Debts Recovery Tribunal, Visakhapatnam and to quash the order parsed by the Hon'ble DRT, Visakhapatnam in SA.No.582/2023 dated 04-08- 2025 as illegal pririciples of natural justice SA^No.582/2023 as prayed for. high handed, arbitrary, erroneous and against to the and consequentially to allow the said lA NO: 2 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 pass orders granting interim suspension of the impugned order dated O4-08-2O25 passed by the Hon’ble Debts Recovery Tribunal, Visakhapatnam in SA.No.582/2023 pending disposal of the main Writ Petition. lA NO: 3 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 dirdct the Respondent No.3 not to alienate, transfer, alter or change the nature of the subject property pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI V.V.L.N.PURNESH Counsel for the Respondents: SRI Y. TAGORE YADAV appearing for SRI V. LAKSHMI HARISH The Court made the following order: t Bench Sr.No:- APHC010422102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 13 [3446] WRIT PETITION NO: 21640 of 2025 ...Petitioners M/s. Cosmos Rubber (Andhra) Private Limited and another Vs. ...Respondents The Authorized Officer and others ********** Mr. Ambadipudi Satyanarayana appearing vice Mr. V.V.L.N. Purnesh Mr. Y. Tagore Yadav appearing vice Mr. V. Lakshmi Harish Advocate for Petitioners Advocates for Respondents CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 14th August 2025 P C : In view of the fact that there is an equally efficacious alternate remedy available to the petitioners before the Debts Recovery Appellate Tribunal and considering the ratio of the judgment rendered by the Apex Court in the case of United Bank of India Vs. Satyawati Tondon\ we are not inclined to exercise our writ jurisdiction under Article 226 of the Constitution of India. This writ petition is, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. 1 (2010) 8 see 110 Sd/- V. DIWAKAR DEPUTY RAR //TRUE COPY// SECTION OFFICER To, Authorized Officer, Hinduja Leyland Finance Limited, Corporate Office 27 A, Developed Industrial Estate, Guindy Chennai-600032. 1. The 2. The Branch Manager, Hinduja Leyland Finance Limited, 38, Cross Rd, near Laxmi Vilas Bank, Kanaka Durga Gazetted Officers Colony, Guru Nanak Colony. Vijayawada, Andhra Pradesh 520008. 3. Dr.Kantamneni Srinivas Sai, S/o. K.Ragha Rajendra Rao, Director, M/s Aayush NRI CEPL Health Care Private Limited, D.No. 48-13-3 AND 3A, Sri Ramchandra Nagar Pradesh. 4. OneCCto Sri V.V.L.N.Purnesh, Advocate [OPUC] 5. One CC to Sri V. Lakshmi Harish, Advocate [OPUC] 6. Two CD Copies. Vijaywada -520008, Andhra ssb HIGH COURT DATED:14/08/2025 ORDER WP No. 21640 OF 2025 I «»/ disposing OF THE W.P. WITHOUT COSTS