IN THE HIGH COURT OF ANDHRA PRADESH AMARA (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1849 OF 2024 Between: Vaddi Naasimhulu, S/o Subbanna, Hindu, aged 62 years, Business, resident of the House In Door No. 1/188, Moragudi Village, Jammalamadugu Mandal,YSR Kadapa District. ...Petitioner AND M/s Cholamandalam Investment And Finance Company Limited, A Company incorporated under the Companies Act, 1956,Represented by It's Authorized Officer/Manager, Mr. Gundu Durga Prasad, S/o Lakshmana Rao, Hindu, Aged 40 years. Having it's Branch Office at #59-14-24, 1®* Floor, Shanthi Plaza, Vijayawada-520 010, Krishna District, Andhra Pradesh. K.Siva Sankar Krishna,, Advocate-Commissioner, Kadapa Bar Association, District Court Complex, Kadapa City, Kadapa District, Andhra Pradesh. Epuri Lakshmi Narayana,, Hindu, aged 50 years, S/o Epuri Narasimhulu, Tataiah Gudi Veedhi, Jammalamadugu-516434, Kadapa District. House No. 10/395, Moragudi Villege Rajya Lakshmi Epuri,, W/o Epuri Lakshmi Narayana, Hindu, aged 45 years, S/o Epuri Narasimhulu, House No. 10/395, Tataiah Gudi Veedhi, Moragudi Villege Jammalamadugu-516 434, Kadapa District. 1. 2. 3. 4. 5. Union of India, Rep by its secretary , Finance Department, New Delhi ...Respondents 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 an appropriate Writ, Order or Direction, more in the nature of Writ of Mandamus Declaring a) Declaring the warrant issued to the 2*^^ respondent/ advocate commissioner dated January, 2024 , by the Honorable Chief Judicial Magistrate - cum - Principal Assistant Sessions judge kadapa CrI.M.P. No.624/2023 for taking physical possession of the secured asset from the possession of the Petitioner as null and void, inoperative against the petitioner as he is not one of the respondents to the warrant, issued to take physical possession of the property from the respondents, b) Directing the respondent/ Advocate-Commissioner to receive the objections/representation of the petitioner and to submit the same to the Honorable Chief Judicial Magistrate - Cum- Principal Assistant Sessions Judge, Kadapa, who appointed the 2"*^ respondent-Advocate -Commissioner for taking Physical Possession of the Secured asset in CrI.M.P.No. 624/2023 from the respondents showed on the warrant and not from the petitioner, who is not one of the respondents to the warrant, for issuing appropriate/suitable orders for taking physical possession of the secured asset by the Honorable Chief Judicial Magistrate - Cum- Principal Assistant Sessions Judge, Kadapa, By the guidelines of the Honorable Chief Judicial Magistrate- cum- Principal Assistant Sessions Judge, Kadapa, which are given in the warrant dated 10‘^ January,2024 in CrI.M.P.No. 624/2023 on the file of the Honorable Chief Judicial Magistrate- cum- Principal Assistant Sessions Judge, Kadapa, such as You are further directed to follow due procedure such as issuing notice to both parties etc. Which is enshrined in civil and criminal procedure codes and as per the directions of the Honorable High Court and Supreme court of India, c) . Granting an order of stay by staying the 2 respondent/advocate- commissioner from taking physical possession of the secured asset from the petitioner as per warrant dated 10*^ January 2024 in CrI.M.P.No.624/2023 on the file of the Honorable Chief Judicial Magistrate- cum- Principal Assistant Sessions Judge, Kadapa, in which the name of the petitioner is not appearing as one of the respondents. nd lA NO: 1 OF 2024 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 stay all further proceedings the 2""^ respondent/advocate- commissioner from taking physical possession of the secured asset from the petitioner as per warrant dated lO"^ January, 2024February,2 023 in CrI.M.P.No.624 of 2023 on the file of the Honorable Chief Judicial Magistrate- cum- Principal Assistant Sessions Judge, Kadapa, in which the name of the petitioner is not appearing as one of the respondents. Counsel for the Petitioner: SRI BALA DASTAGIRI P (None Appeared) Counsel for the Respondent No.1: SRI KUNUKU RAJA SEKHAR Counsel for the Respondent No.5: SRI G ARUN SHOWRI Counsel for the Respondent No.2: SRI NAGENDRA BABU PARAGATI The Court made the following: Order APHC010032432024 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-1 AT AMARAVATI WRIT PETITION NO; 1849 of 2024 Vaddi Naasimhulu ...Petitioner Vs. M/s. Cholamandalam Investment and Finance Company Limited and others ...Respondents ********** Advocate for Petitioner NONE Advocate(s) for Respondent(s): Ms. K. Sravanthi representing Mr. Kunuku Raja Sekhar for R.1 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DR JUSTICE K MANMADHA RAO DATE ; 9**^ May 2025 PC : 1. Learned counsel for respondent No.1 financial institution states that on 06.02.2024 a conditional order came to be passed by this Court wherein status quo was ordered to be maintained as on that date for a period of six weeks subject to the petitioner paying half of the amount due to respondent No.1 financial institution within a period of four weeks. It is stated that the said order was never complied with and no amount paid. It is further stated that in view of the said order, in the event of default on the part of the petitioner, the order was to automatically stand rescinded 2 HCJ & Dr.KMR, J WP 1849 2024 leaving respondent No.1 financial institution free to proceed in accordance with law. It is stated that pursuant to the clear mandate of the said order, the petitioner having defaulted in the payment, possession was taken over of the secured asset and, therefore, it is stated that no cause survives. 2. Today, there is no representation on behalf of the petitioner. 3. In all likelihood the petitioner is no longer interested to pursue the matter. 4. in any case, we dismiss the Writ Petition for non prosecution with liberty to the petitioner to have the same revived in case any cause survives. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI BALA DASTAGIRI P Advocate [OPUC] One CC to SRI KUNUKU RAJA SEKHAR Advocate [OPUC] One CC to SRI G ARUN SHOWRI, Central Government Standing Counsel [OPUC] One CC to SRI NAGENDRA BABU PARAGATI, Advocate [OPUC] Three CD Copies 2. 3. 4. 5. HIGH COURT DATED:09/05/2025 ORDER ■f'j* '<S 2 ^ JUN 2Q?b WP.No.1849 of 2024 DISMISSING THE WRIT PETITION FOR NON PROSECUTION