The Muthoot Finance Ltd. v. The State of Andhra Pradesh
WP/11583/2021 · 2025-09-23
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50300 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50300 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010203322021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11583/2021 Between:
1. THE MUTHOOT FINANCE LTD., GAJUWAKA BRANCH, VISAKHAPATNAM, ANDHRA PRADESH REPRESENTED BY ITS BRANCH MANAGER, SMT.POLAVARAPU LALITHA,
W/O.
PALGHUNA RAO, AGED 41 YEARS
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, AMARAVATI. 3. THE COMMISSIONER OF POLICE, VISAKHAPATNAM. 4. THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION, VISAKHAPATNAM. 5. THAMADA ESWARA RAO, S/O.VALLABHAVARAO, AGED . 62 YEARS, R/O. D.NO. 9-6-149, JOGAVANIPALEM, NEW GAJUWAKA, VISAKHAPATNAM, ANDHRA PRADESH. ...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 a direction, more particularly one in the
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nature of Writ of Mandamus, declaring the action of the respondents, more particularly the 4th Respondent in serving the letter and notice on 9-06-2021 and extending threats to the employees of the Petitioner to hand over the pledged gold ornaments in respect of loan amounts sanctioned to Smt.Yelamanchali Nagamani and her husband Sri Yelamanchali Lakshmi Narayana without discharging the loan amounts under the guise of registration of crime vide No.595/2021 under Section 420 IPC and Sec 4, 11, 76 and 76 of Chit Fund Act without even furnishing a copy of the F.I.R and interference with the day-to-day business activities of the Petitioner's Company without following due process of law as illegal. unwarranted, unsustainable, arbitrary against Law as well as principles of natural justice and direct the Respondents not to interference with the business activities of the Petitioner without following due process of law and pass IA NO: 1 OF 2021 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 Respondents not to seize the gold ornaments and not to interfere with the day-to-day routine business activities of the Petitioner Company under the guise of investigation of the said Crime against the mortgagor without following due process of law and pass Counsel for the Petitioner:
1. K B RAMANNA DORA Counsel for the Respondent(S):
1.
GP FOR HOME
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11583 of 2021 ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, more particularly the 4th Respondent in serving the letter and notice on 9-06-2021 and extending threats to the employees of the Petitioner to hand over the pledged gold ornaments in respect of loan amounts sanctioned to Smt.Yelamanchali Nagamani and her husband Sri Yelamanchali Lakshmi Narayana without discharging the loan amounts under the guise of registration of crime vide No.595/2021 under Section 420 IPC and Sec 4, 11, 76 and 76 of Chit Fund Act without even furnishing a copy of the F.I.R and interference with the day-to-day business activities of the Petitioner's Company without following due process of law as illegal. unwarranted, unsustainable, arbitrary against Law as well as principles of natural justice and direct the Respondents not to interference with the business activities of the Petitioner without following due process of law and pass.…”
2. When the matter was taken up for hearing, learned counsel for the petitioner would submit that the petition may be disposed of, since the relief has become infructuous in this matter. 3. Learned Assistant Government Pleader for Home for the respondents is in attendance. 4. Recording the above said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. 4
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.09.2025. UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.11583 of 2021
Dated.24.09.2025
UPS
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