Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 31797 (AP)

THE VISAKHAPATNAM PORT AUTHORITY v. VISHWANADH AVENUES INDIA PRIVATE LIMITED

WA/971/2025 · 2025-09-07

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010465702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NOs: 971 AND 972 OF 202^ WRIT APPEAL NO: 971 OF 2Q2fi Writ Appeal under clause 15 of the Letters Patent against the Order Dated. 01.08.2025 passed in lA No 1 of 2025 in WP No 20282 of 2025 on the file of the High Court. Between: The Visakhapatnam Port Authority, Estate Division Vishakhapatnam 530 035 Represented by its Chairman Port Area ...Appellant/Respondent AND 1. Vishwanadh Avenues India Private Limited, A consortium of M/s Vishwanadh Avenues India Pvt Ltd and M/s Dolphin Medicare Pvt Ltd Having its registered office at 1738 Ganesh Seva Sangam NSM Nagar Salagrampuram Vishakhapatnam 5330024 Represented by its Managing Director Sri Boddeti Narendra fCumar. ...Writ Petitioner/Respondent 2. The Union Bank of India, Maharanipeta Branch D No Down Vishakhapatnam 530002 18126 KGH 3. Union of India, Represented by its Secretary Ministry of Ports Shipping and Water ways Transport Bhavan Parliamentary Street New Delhi 110001 ...Respondents/Respondents 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 suspend the Interim order dated. 01.08.2025 passed in WP No 20282 of 2025 pending disposal of the main Writ Appeal. Counsel for the Petitioner: SRI RAVITEJA PADIRI Counsel for the Respondent No. 1: M/S CKR ASSOCIATES Counsel for the Respondent No. 2: M/s V DYUMANI Counsel for the Respondent No. 3: ADDITIONAL SOLICITOR OF INDIA GENERAL APHC010465632025 P WRIT APPEAL NO: 972 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the Order Dated. 01.08.2025 passed in lA No 1 of 2025 in WP No 20280 of 2025 on the tile of the High Court. Between: The Visakhapatnam Port Authority, Estate Division Port Area Vishakhapatnam 530 035 Represented by its Chairman ...Petitioner AND 1. Vishwanadh Sports And Conventions M/s Vishwanadh Avenues India Pvt Ltd Ltd Having its registered office at 1738 Nagar Salagrampuram Vishakhapatnam 5330024 Managing Director Sri Boddeti Narendra Kumar 2. The Union Bank of India, Maharanipeta Branch Down Vishakhapatnam 530002 3. Union of India, Represented by its Secretary Ministry of Ports Shipping and Water ways. Transport Bhavan Parliamentary Street 10001 Private Limited, A consortium of and M/s Dolphin Medicare Pvt Ganesh Seva Sangam NSM Represented by its D No 18126 KGH New Delhi ...Respondents lA NO: 1 OF 202/^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court allow the present writ appeal by setting aside the Order may be pleased to Dated. 01.08.2025 passed in lA No 1 of 2025 in WP No 20280 of 2025 Counsel for the Petitioner: RAVITEJA PADIRI Counsel for the Respondent No. 1: M/S CKR ASSOCIATES Counsel for the Respondent No. 2: M/s V DYUMANI Counsel for the Respondent No. 3: ADDITIONAL SOLICITOR OF INDIA The Court made the following Common order: GENERAL IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.Nos:-4 AT AMARAVATI APHC010465702025 &5 [3483] WRIT APPEAL NO: 971 of 2025 along with W.A.No.972 of 2025 W.A.No.971 of 2025:- The Visakhapatnam Port Authority ...Appellant Vs. Vishwanadh Avenues India Private Limited and others ...Respondents ********** Advocate for appellant Advocate for respondents Sri Raviteja Padiri Learned Advocate General CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SR! JUSTICE RAV! CHEEMALAPATI DATE : 8th September 2025 PC : The present Writ Appeals have been preferred against the interim order dated 01.08.2025 passed in Writ Petition Nos.20282 and 20280 of 2025 respectively. 2. It appears that leases were granted by the appellant i.e., the Visakhapatnam Port Authority in favour of the petitioner/respondent No.1 herein for a period of ten years. It is alleged that there were violations of the terms and conditions of the lease agreements by the petitioner/respondent No.1 herein pursuant to which show cause notices were issued which have since been replied. In the meantime, the appellant/the Visakhapatnam Port Authority sought to invoke the bank guarantees which were furnished by the 2 petitioner/respondent No.1 herein. This was challenged by the petitioner/respondent No.1 herein before the learned single Judge. By virtue of the order impugned, interim injunction was granted restraining the appellant from encashing the bank guarantees if not already encashed for a period of three weeks. 3. The learned single Judge also permitted the petitioner/respondent No.1 herein to operate regular activities as per the lease agreements regarding the schedule property and the matters have been directed to be listed after three weeks. Learned counsel for the appellant states that no response has been filed by the appellant before the learned single Judge till now. 4. Since the issue is still under consideration before the learned single Judge and the interim order which is under challenge before us is only interim in nature, we do not deem it appropriate to interfere with the order impugned at this stage except clarifying that the appellant would be at liberty to pass appropriate orders pursuant to the show cause notices and the replies submitted thereto by the petitioner/respondent No.1 herein and the pendency of the proceedings before the learned single Judge would not be a bar. In 5. case the decision of the concerned authority is adverse to the petitioner/respondent No.1 herein, it would be open to respondent No.1 to resort to the remedies as are available under law. 6. Accordingly, the Writ Appeals are disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The Managing Director Avenues India Private Avenues India Pvt Ltd and registered office at 1738 Sri Boddeti Narendra Limited, A Kumar, Vishwanadh consortium of M/s Vishwanadh M/s Dolphin Medicare Pvt Ltd Having its Nagar Ganesh Seva Sangam NSM 5330024 f , Maharanipeta Branch D No Salagrampuram Vishakhapatnam 2. The Union Bank of India, 18126 KGH Down Vishakhapatnam 530002 3. The Secretary, Union of India, Ministry of Ports Shipping ways Transport Bhavan Parliamentary Street 4. One CC to Sri. Raviteja Padiri Advocate [OPUC] 5. One CC to M/s CKR Associates Advocate [OPUC] 6. OneCCto Additional Solicitor General of India Advocate [OPUC] ■ °"®CCto M/s V Dyumani Advocate [OPUC] 8. Two CD Copies and Water New Delhi 110001 GSC HIGH COURT DATED:08/09/2025 COMMON ORDER WA NOS. 971 AND 972 OF 2025 0Cbr £P S 18 SEP 2025 m .6l> Currenl Section ^ >7/ disposing the was WITHOUT COSTS