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2025 DAILYLAW 39486 (AP)

M/s. Ambica Agarbathies & Aroma & Industries Ltd., v. Indian Overseas Bank,

WP/579/2016 · 2025-04-09

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010911122016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI I.A.No.1 of 2025 IN/AND WRIT PETITION NO: 579/2016 Between: 1. M/S. AMBICA AGARBATHIES & AROMA & INDUSTRIES LTD.,, POWERPET, ELURU 534 002, WEST GODAVARI DISTRICT REOP BY MANAGING DIRECTOR SRI AMBICA KRISHNA. ...PETITIONER AND 1. INDIAN OVERSEAS BANK, REP BY ITS CHIEF MANAGER AKKAYAPALEM BRANCH, 45-40-21, GF-1,BATTAS VAISHNAVI LEGEND COMPLEX, AKKAYAPALEM, VISAKHAPATNAM - 530016. 2. REGIONAL MANAGER, INDIAN OVERSEAS BANK, DR.NO.48-14- 111/112,WARD NO.14, SRI NITHYA COMPLEX, IV FLOOR, RAMA TALKIES ROAD, VISAKHAPATNAM -530017. 3. M/S AMBICA INFRA VENTURES PVT LTD, REP. BY ITS MANAGING DIRECTOR NARAYANAM SRINIVAS, 1005, 19TH FLOOR, MINAR APARTMENT, BASHEERBAGH, HYDERABAD -29. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the action of the respondent Bank in not releasing Corporate Guarantee given by the petitioner in favour of the Respondent No.1 on behalf of respondent no.3, is illegal, arbitrary, Voilative of 2 Articles 14 and 21 of the Constitution of India besides the vilolative of principles of natural justice and consequently direct the respondent No.1 & 2 bank to forthwith release corporate guarantee offered by the petitioner in favour of the respondents bank on behalf of the 3rd respondent IA NO: 1 OF 2016(WPMP 712 OF 2016 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 direct the respondent 1 & 2 bank forthwith release corporate guarantee offered by the petitioner on behalf of the 3rd respondent, pending disposal of writ petition 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 to permit the Petitioner to Withdraw the present Writ Petition Counsel for the Petitioner: 1. PARSA ANANTH NAGESWAR RAO Counsel for the Respondent(S): 1. K SURYANARAYANA The Court made the following: :: ORDER :: The petitioner filed I.A.No.1 of 2025 seeking permission of this Court to withdraw the writ petition. Permission is accorded. Accordingly, I.A.No.1 of 2025 is allowed and Writ Petition No.579 of 2016 is dismissed as withdrawn. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.04.2025 TVN 3 118 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.579 OF 2016 Date: 09.04.2025 TVN