Stci Finance Limited vs. Union Of India
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Order Issued After Hearing
Purpose:
Admission
Before:
Hon'ble Joymalya Bagchi , K Suresh Reddy
Listed On:
14 Sept 2021
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) TUESDAY, THE FOURTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI AND THE HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION NO: 11463 OF 2021
STCI FINANCE LIMITED, Company under the Companies Act, 1956, Registered office at- A/B1-802, A Wing, 8th Floor, Marathon Innova, Off Ganpatrao Kadam Marg, Lower Parel (W), Mumbai – 400013
Branch office at- 401, 412, Prakash Deep Building, 7, Tolstoy Marg, New Delhi -110001. Rep by its Asst. General Manager, Mr. Rajesh Khanna
...Petitioner
मन्यारेवे
AND
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- Union of India Rep. by The Secretary, Department of Revenue, North Block, New Delhi - 110001.
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- The Assistant Commissioner, Central Tax, Tirpupati GST Division, 15-30/4, Padmavathi Nagar, Mahila University Road, Tirupati, 517502, Andhra Pradesh.<br>The Collector and District Magistrate, Collectorate Complex, Chittoor.
- $3.$
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- The District Revenue Officer, Chittoor, Andhra Pradesh.
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- The Tehsildar, Nindra Mandal, Dist. Chittoor, Andhra Pradesh.
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- NATEMS SUGAR PRIVATE LIMTED, A company registered under the<br>Companies Act, 1956, CIN U15421TG2014PTC093249. Registered Office at-House of Shalom, III Floor, Plot No.22, Survey No. 90/1, Trendz Eternity, Green Land Colony, Gachibowli, Hyderabad, Rangareddi, Telangana - 500032.
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 any appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 2 in issuing the Attachment/Sale Notice dated 25.05.2021 and 10.06.2021as illegal, arbitrary and unconstitutional and set aside the Attachment/Sale Notices dated 25.05.2021 and 10.06.2021 issued by Respondent No. 2and restrain the Respondents, more particularly Respondent No.2, from conducting any further proceedings pursuant to the Attachment/Sale Notices dated 25.05.2021 and 10.06.2021 in respect of assets duly charged with the Petitioner against the loan facility granted by the Petitioner to the Respondent No.6.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all further proceedings pursuant to Attachment/Sale Notices dated 25.05.2021 and 10.06.2021 issued by Respondent No. 2, pending disposal of WP 11463 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and order of the High Court dated 22-06-2021 made herein and upon hearing the arguments of Sri K. Siddharth Rao Advocate for the Petitioner, Sri N. Harinath, Asst. Solicitor General for Respondent Nos.1 & 2 and of GP for Revenue for Respondent Nos.3 to 5, the Court made the following.
ORDER
(Proceedings taken up through video conferencing)
"Learned counsel appearing on behalf of respondent No.2 seeks time to file counter.
Counter be filed by the adjourned date.
Adjourned.
List on 02.11.2021.
Interim order, granted earlier, is extended till then.
In the meantime, Office to incorporate the names of Sri N.Harinath, learned Assistant Solicitor General for respondent No.1, and Sri V.V.S.Chalapathi Rao, learned counsel for respondent No.2, in the cause list.
//TRUE COPY//
For ASSISTANT REGISTRAR
ASSISTANT REGISTRAR
SD/- T.Madhavi
To
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One CC to Sri K Siddharth Rao, Advocate [OPUC] Two CC to GP for Revenue, High Court of A.P at Amaravati (OUT) One CC to Sri N. Harinath, Asst. Solicitor General, High Court of A.P at< Sing Set Constant, The Manual, J. Set. Constant Series, P. R. Amaravati (OUT) One CC to Sri V.V.S.Chalathi Rao, Advocate [OPUC] To Section Officer, Writ Non-Service Section.
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- One spare copy
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HIGH COURT
JBJ & KVLJ
DATED:14-09-2021
ORDER
NOTE: LIST ON 02.11.2021
WP.No.11463 of 2021
INTERIM SUSPENSION EXTENDED