Amudalavalasa Municipality, Srikakulam District v. Srikakulam, Srikakulam Dist
Case at a glance
Outcome
Withdrawn
Accordingly, the Writ Petition is dismissed as withdrawn
Provisions considered
Judgment
Cause title
Between: 1 Shaik Abdul Malik (Muslim) S/o. Late Abdul Razak Residing at Chinna Krishnapuram, Mettakkivalasa, Amudalavalasa Municipality, Srikakulam District. 2 Shaik Abdul Salam (Muslim) S/o. Nanne Saheb Residing at Chinna Krishnapuram, Mettakkivalasa, Amudalavalasa Municipality, Srikakulam District. ..... PETITIONER(S)
AND 1 Andhra Bank Reptd. by its Chief Manager & Authorised Officer Zonal Office: Seethammadhara, Visakhapatnam. 2 Andhra Bank Reptd. by its Branch Manager Branch Office: Amudalavalasa, Srikakulam, Srikakulam Dist. .....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any writ or direction, more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in proceeding further against the Writ Petitioners and their properties mortgaged with the Respondents Bank covered by Loan Account No.SSI/01/2001/2002 under the provisions of The Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 Act as illegal, arbitrary, unilateral, devoid of jurisdiction and violative of principles of natural justice. Counsel for the Petitioner: MR.K.S.GOPALA KRISHNAN Counsel for the Respondent No.: DR.K.LAKSHMI NARASIMHA (SC FOR ANDHRA BANK) The Court made the following :
ORDER:
Operative part
(Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing the petitioners seeks permission of this Court to withdraw the Writ Petition with liberty to the petitioners to move the Forum under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (for short “the Act”). Accordingly, the Writ Petition is dismissed as withdrawn. Liberty is given to the petitioners to move the Forum under Section 17 of the Act within one week from today. The Forum shall entertain the application without raising the plea of limitation and dispose of the same, as expeditiously as possible. There shall be no order as to costs. GHULAM MOHAMMED, J _____________________________ ______________________________ VILAS V. AFZULPURKAR, J Dt. 05.06.2009 KA Note: Furnish copy today // TRUE COPY // ..... REGISTRAR SECTION OFFICER To
2 CD copies
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition is dismissed as withdrawn
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.