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2025 DAILYLAW 8567 (AP)

ASSET RECONSTRUCTION COMPANY (INDIA) LTD v. THE GOVERNMENT OF ANDHRA PRADESH

WP/5125/2025 · 2025-04-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5125 OF 2025 Between: Asset Reconstruction Company (India) Ltd, (Trustee of Arcil-SBPS-023- III- Trust and Arcil-SBPS-024-ll- Trust) Represented by its Authorized Signatory, The Ruby, 10th Floor, 29, Senapati Bapat Marg, Dadar, Mumbai No.560-562, Anna Salai, Teynampet, Chennai - 600 018. - 400 028. Branch office at IG, 1st Floor, Century Plaza, ...Petitioner AND 1. The Government of Andhra Pradesh, represented by its Principal Secretary, Home Department, 1st Block, 1st Floor, Secretariat, Velagupudi, Guntur Distt., Amaravathi, Andhra Pradesh - 522238. chiefsecretary-ap(@)ap.gov.in. Office Phone. 08632441026 2. The Superintendent of Police, East Godavari District, Rajamahendravaram SP@rjvu.appolice.gov .in 3. The Deputy Superintendent of Police, East Godavari District, Central Zone, Rajamahendravaram dspcentral@rjvu.appolice.gov.in 9490760792 4. The District Collector, East Godavari District,5 and 8, National Highway 16, Dowlaiswaram Industrial Estate, Rajamahendravaram - 533125. collector egd@ap.gov.in 5. The Municipal Corporation of Rajamahendravaram, represented by its Commissioner, MCR Office Rd, Seshayya Metta, Rajamahendravaram - 533101 comm rmc@rediffmail.com comm.rmc@gmail.com 6. The station house officer, one 533101 Rajamahendravaram, EastGodavan District Anon sho rjv1t@rjyu.appolice.gov. -^ 7. M/s. Anandaram Mukund Vijayan. - 600 093. Also at Flat No.l-A RA Puram, Chennai 600 028. - 600 028. 9 Sri K. Bappaiah. S/o Sri Prakash Rao, No ■ Seethammal Colony, Alwarpet, Chennai - M/s. Manoharamma Hotel Director Sri ^nkund Vijayan, Corpora e^^^ Sarangapani Anna Salai, Chennai - 600 0 ^ 9 business at Anand Snc;-cTo^a^rB^aLL^. Andhra Pradesh - 533 in 1 Dx/t I td Reo by its Erstwhile Director Shri Sms and 47.’ Arcot Road. Saligran^anj^Chennai , Block No.6. Rani Meyyammai Towers. .15, 3rd Main Road 1-600 018. investments Pvt Ltd., Rep. by its Gemini Tower. No.601. 10. 103. Sri Mukund Vijayan, S/o Sri K.G. Vijayan, No.2, Sarangapani. i-600 017. 11. Street. T.Nagar. Chennai - - Sri. Tarun Kumar. S/o Sri 1st Street. Kodambakkam Sivaramakrishnaiah, No. 12/14, Taylors Chennai - 600 024 12. Estate. ...Respondents Article 226 of the Constitution of India praying that in the affidavit filed therewith, the High Court may writ, more particularly one Petition under the circumstances stated in in be pleased to issue an order or a direction or a of Writ of Mandamus directing the Respondents 1 - 6 to provide to the Advocate Commissioner the nature necessary for execution Officer, the mortgaged property till05.05.2025 assistance and police protection of the order dated 27.09.2024 passed by the Ld. Recovery DRT-II, Chennai issuing warrant for taking physical posses extended from time to time of which was further vide order dated 17.02.2025. m lA NO: 1 OF 207.*; 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 issue an interim order directing the Respondents 1 - 6 to provide necessary assistance and police protection to the Advocate Commissioner for execution of the order dated 27.09.2024 passed by the Ld. Recovery Officer, DRT-II, Chennai issuing warrant for taking physical possession of the mortgaged property which was further extended from time to time till 05.05.2025 vide order dated 17.02.2025 pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI. MULLA SOHAIL SHAREEF Counsel for the Respondent Nos. 1 to 3 &6: GP FOR HOME Counsel for the Respondent No. 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No. 10: M/S B VASANTHA LAKSHMI The Court made the following order: 1 ^ APHC010092542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [34£ MONDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5125/2025 Between: Asset Reconstruction Company (India) Ltd AND The Government Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MULLA SOHAIL SHAREEF Counsel for the Respondent(S): 1.GP FOR HOME 2.B VASANTHA LAKSHMI 3.GP FOR REVENUE The Court made the following Order: ...PETITIONER ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.5125 of 2Q2fi ORDER: 1. The learned counsel appearing for the petitioner submits that the petitioner is seeking police protection and necessary police aid to the Advocate Commissioner for execution of warrant issued by the Recovery Officer, Debt Recovery Tribunal-ll, Chennai, dated 27.09.2024 for taking physical possession of the mortgaged property. 2. Sri.O.Manohar Reddy, the learned senior counsel appearing for the petitioner submits that, this is a second round of litigation for the petitioner and on the earlier round of litigation the petitioner filed WP.No.28336 of 2024 and this Court disposed the writ petition at the admission stage by directing the respondent therein i.e.. Station House Officer, I Town Police Station, Rajamahendravaram, to provide necessary police assistance, as per the due procedure established by law, the learned Advocate Commissioner on his request before expiry of warrant i.e., 31.12.2024 to execute the warrant issued by the learned Debt Recovery Tribunal-ll, Chennai. 3. The learned senior counsel appearing for the petitioner submits that the warrant of commission could not be executed within time. Extension was sought from the Debt Recovery Tribunal-ll, Chennai and the time for execution of warrant is extended upto 05.05.2025. This Court 04.03.2025 directed the learned counsel for the petitioner to take out as on 4 \ psrsonal notice to the respondents 7 to 12. The respondents sought time on 21.03.2025, 01.04.2025 and on 07.04.2025. 4. Today, when the matter is posted under the caption “for orders learned senior counsel Sri.V.Prakash, appeared virtually online submits that the respondents intend to settle the issue and requests this Court to refer the same for mediation as the petitioner at one stage claimed Fifty Six Crores as allegedly due and thereafter claimed Eighty Two Crores and now the petitioner is claiming Three Hundred crores as alleged due. It is submitted that the respondents intend to resolve the issue through mediation and requested to refer the matter for mediation. 5. The learned senior counsel appearing for the petitioner submits that the settlement could not be reached on earlier occasions and the present request for referring the matter for mediation is only to delay the execution of warrant beyond 05.05.2025. It is submitted that referring the matter for mediation would further delay the process and ultimately render the warrant ineffective, in view of its execution by 05.05.2025. 6. Considering the same, there shall be a direction to the 6*^^ respondent to extend the required police assistance for execution of the warrant of commission issued to the Advocate Commissioner by the Debt Recovery Tribunal-ll, Chennai in OA.No.29 of 2016. 7. With these observations, the writ petition is disposed off without costs. It is left open for the respondents to negotiate with the petitioner to arrive at an amicable settlement either by mediation or through other methods. the 4 8. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _ //TRUE COPY// Se To, 1. The Principal Secretary, Home Department, Government of Andhra Pradesh, 1st Block, 1 st Floor, Secretariat Amaravathi, Andhra Pradesh Office Phone. 08632441026 Velagupudi, Guntur Distt., - 522238. chiefsecretarv-ap(@)ap.gov.in. 2. The Superintendent of Police, East Godavari Rajamahendravaram SP@rjvu.appolice.gov .in i District, 3. The Deputy Superintendent of Police East Godavari District, Central Zone, Rajamahendravaram dspcentral@rjvu.appolice.gov in 9490760792 » 1 4. The District Collector, East Godavari District 16, 533125. Dowlaiswaram Industrial collector egd@ap.gov.in 5. The Commissioner , 5 and 8, National Highway Estate, Rajamahendravaram '^“"'cipal Corporation of Rajamahendravara MCR Office Rd, Seshayya Metta, Rajamahendravaram rmc@rediffmail.com m - 533101 comm comm.rmc@gmail.com 6. The station house officer. one Town Police Station Main Road Rajamahendravaram, East Godavari District Andhra sho riv1t@rjyu.appolice.gov.in Pradesh -533101 7. One CC to Sri. Mulla Sohail 8. One CC to Sri. A S C Bose SC for 9- One CC to M/s B Vasantha Shareef Advocate [OPUC] Municipal Corporation [OPUC] LakshmiAdvocate [OPUC] % 10. Two CCS to GP for Home, High Court Of Andhra Pradesh. [OUT] Two CCS to GP for Revenue, High Court Of Andhra Pradesh. 11. [OUT] 12. Three CD Copies GSC HIGH COURT DATED:21/04/2025 ORDER WP.No.5125 of 2025 ^ ?3 APR 2025 Oil o uurrefit ::ieolion V -k "v.-, DISPOSING THE WP WITHOUT COSTS