The High Court · 2025

1. Mamidanna Sivaramachandra Rao, S/o Mamidanna Krishna Rao, Age:62, Cio Sri Anil Kumar, R/o Flat no.104i3-6-226, Street No. 16, Himayathnagar, Hyderabad - 500 029.

2. Smt. Mamidanna Rajeswari, Wo M.S.Rao, Age:54, C/o Sri Anil Kumar, R/o Flat no. 104/3-6-226, Street No. 16, Himayathnagar, Hyderabad - 500 029. ...Appellants AND

1. Andhra Pradesh lndustrial Development Corporation Ltd., Parishrama Bhavan, Basheerbagh, Hyderabad by its Managing Director.

2. Andhra Pradesh State Financial Corporation, 5-9-'194, Chirag Ali lane, Abids, Hyderabad Rep. by its lvlanaging Dire^ctg6 (Appeal against R2 is dismissed"Vide' Court order dated 17 -4-2014 vide cMSAMP.10/14)

3. lndustrial Development Bank of lndia, 5-9-89/1 and 2, Chapel Road, ^,_*,n P.O.Box.No,370, Hyderabad -1.

4. Y.S.Venkat Rao, Sio Y.Joga Rao Age:43 years, Advocate R/o Vishnu Residency, Flat no.104, Block No. A, Municipal No. 1-1-770lA, Gandhinagar, Hyderabad-80.

5. S. Kamal Kishore, S/o Sri Govindalal Sarada, Age:49 years, No 14-7- 2351236, Chudi Baszar, Hyderabad. Olo 15-8-129113K, Chawala Building, Begum Bazar, Hyderabad. Counsel for the Appellants: Mr. S. Balchand Counsel for the Respondent No.1: Mr. M. Krishna Prasad, counsel representing Mr. P.V. Ravindra Kumar ...Respondents - - I C.M.S.A.No.47 ol2tt08 Appeal under Section 75(1) of the Provincial lnsolvency Act R/w Section 100 (1) of C.P.C agains': the Judgment dated 16-02-2006 passed in l.P.A.No.B of 2005 on the file of the Crurt of the Chief Judge, City Small Causes Court, Hyderabad, preferred against the order dated 23-0S-2005 in l.P.S.R.No.1'1398 of 2005 in l.P.No.6B of 2005 orr the file of the Court of the Additional Judge, City Small Causes Court, Hyderabad. Between:

1. Mamidanna Sivaramachandra Rao, Sio Mamidanna Krishna Rao, Age:60,years, C/o Sri Anil Kumar, R/o Flat no.104/3-6-226, Street No. 16, Himayathnaga., Hyderabad - 500 029.

2. Smt. Mamidanna Rajeswari, Wo M.S.Rao, Age:50, C/o Sri AnlKumar, R/o Flat no.104/3-e-226, Street No. 16, Himayathnagar, Hyderabad - 500 029. ...Appellants AND

1. Andhra Pradesh lndustrial Development Corporation Ltd., Parishrama Bhavan, Basheerbagh, Hyderabad by its Managing Director.

2. Andhra Pradesh State Financial Corporation, 5-9-194, Chirag All lane, Abids, Hyderabad Rep. by its Managing Director. (Appeal against R2 is dismissed as withdrawn vide court order dated 17-4- 2014 vide CMSAMP.9/14)

3. lndustrial Development Bank of lndia, 5-9-89/1 and 2, Chapel Road, P. O. Box.No.37{1, Hyderabad -1 ,representing by its Manager.

4. Y.S.Venkat Rao, S/o Y.Joga Rao Age:43 years, Advocate R/o Vishnu Residency, Flat no.104, Block No. A, Municipal No. 1-1-770iA, Gandhinagar, Hyderabad-80.

5. S. Kamal Kishore, S/o Sri Govindalal Sarada, Age:z!) years, Rlo 14-7- 2351236, Chuii Baszar, Hyderabad. Olo 15-8-129/13K, Chawala Building, Begum Bazar, rlyderabad. "..Respondents Counsel for the Appellants: Mr. S. Balchand Counsel for the ResF ondent No.'l : Mr. M. Krishna Prasad, counsel representing Mr. P.V. Ravindra Kumar The Court delivered the following: COMMON JUDGMENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO C.M.S.A Nos.33 & 47 OF 2008 COMMON.'UDGMENT (per Hon'ble Sri Justice P.Sam Koshy) Heard Mr. S.Balchand, leamed counsel for the appellants and Mr. M. Krishna Prasad, leamed counsel representing Mr. P.V.Ravindra Kumar, leamed counsel for respondent No. l. Peruscd thc rccord.

2. These are two civil miscellaneous second appeals filed by the same appellants raising the question of law.

3. The challenge in CMSA No.33 of 2008 was to the proceedings drawn and the order passed by the leamed Chief Judge, City Small Causes Court, Hyderabad in l.P.A No. I of 2007 and I.A.No. 172 ol 2006 in I.P.A No.68 of 2005 and the challenge in CMSA No.47 of 2008 was to the order and judgment dated

16.02.2006 in I.P.A No.8 of 2005, confirming the order dated

23.09.2005 in I.P. No.68 ol' 2005 of the Insolvency Court (Additional Judge, Small Causes Court, Hyderabad) is concemed. 2 4 . The l:'amed counsel for the appellants submits that the appellants subsequently have resorted to a?. insolvency proceedings against respondent Nos.4 and 5 which stood allowed. The discharg,r petition also stood completed thereafter and as such, there would not be any claim left so far as respondent Nos.2 to 5 are concelrrr:d. So far as respondent No.l /Ardhra Pradesh Industrial Dr:velopment Corporation Limited is concerned. there was another writ petition which was fited i.e., W.1'}.No.905-5 of 2019 challeniling the proceedings initiated by respondent No. I on the ground ol limitation. The said writ petition finally stood allowed vicle order dated 06.03.2023 holding that tlre proceeding was barred br limitation and as such no further proceedings could be initiated t, y respondent No. I and whatever procr'edings those which were irritiated already stood barred by limitation.

5. In the aloresaid factual backdrop and the developments that have transpirrd subsequent to the filing of these CMSAs, the leamed counscl appearing for the appellants submits that nothing further remairr; to be adjudicated in these CMSAs antl the same be accordingly disposed of. 3

6. Mr. M.Krishna Prasad, leamed counsel representing Mr. P.V.Ravindra Kumar, enters appearance for respondent No.l and does not dispute the factual aspects as narrated by the leamed i counsel for the appellants and also so far as the judgment rendered in W.P.No.9055 of 2019 is concemed.

7. In view of the same, both these appeals stand disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, ilany, shall stand closed. SD/- A.V.S.S.C.S.M.SARMA OINT REGISTRAR //TRUE COPY// The Chief Judge, City Small Causes Court, Hyderab The Additionaf Judge, City Small Causes Court, Hyd One CC to Mr. S. Balchand, Advocate [OPUC] One CC to Mr. P.V. Ravindra Kumar, Advocate [OPUC] Two CD COPIES e To, I 2 4 5 Kam/PSL Yy S TION OFFICER with records, if anY) HIGH COURT DATED:18/08/2025 I \ 10 i:cl Ilfi .' COMMON JI.}DGMENT CMSA.Nos.3:3 & 47 ot 2008 I DISPOSING I)F THE APPEALS n"e S+n