HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.4211/2007 DT.12-12-2009 Housing & Urban Development Corporation, a Company registered under Companies Act, with registered Office at HUDCO Bhavan, India Haabitat Centre, Lodi Road, New Delhi and Regional Officer at H.No.5-110-193 HACA Bhavan, Hyderabad and represented by Senior Law Officer …Petitioner V. Soumya Medicare International Limited, Vijayawada, represented by its Chairman and Managing Director, Dr. C.Suresh ..Respondents The court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.4211/2007 ORAL ORDER: This revision is directed under Art. 227 of the Constitution of India to revise the status quo order granted by II Additional District & Sessions Judge, Vijayawada dt. 31-10-2006 passed in IA No.5520/2006 in OS No.1105/2006. The first respondent/plaintiff filed the above suit against the revision petitioner/defendant herein for deletion of the condition No.5.4 in the loan agreement dt. 6-9-1999 executed by the first respondent/plaintiff preventing revision petitioner/defendant from taking any action under the said condition and for other reliefs. Pending suit IA No.5520/2006 was filed for ad-interim injunction restraining the defendant from taking any action under condition No.5.4 in the loan agreement, including injunction, and for appropriate reliefs. Without issuing any notice and without assigning any reasons, learned trial Judge while ordering notice granted status quo on 31-10- 2006. Questioning the same, the present revision petition is filed stating that the civil court will not have jurisdiction to entertain the suit as Debt Recovery Tribunal, Hyderabad seized of the matter in OA No.7/2006 in view of the bar contained under Recovery of Debts Due to Banks and Financial Institutions Act, 1993; that in OA No.7/2006, the plaintiff filed IA No.339/2006 seeking permission from Debt Recovery Tribunal to lease out the property and said IA is pending before Debt Recovery tribunal; that though the revision petitioner/defendant filed petition in IA No.5924/2006 to vacate interim status quo order granted on 31-10-2006 and other IA to decide the jurisdiction of the civil court, the learned Judge has not evinced any interest to dispose of the said IAs. This court while issuing notice bore admission on 21-9- 2007 granted interim stay suspending the status quo order granted by the trial court in IA No.5520/2006 dt. 31-10-2006. In the result, there is no impediment for the Bank to proceed with the matter before the Debt Recovery Tribunal and can also take steps under the Securities and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, or under the allied Acts for due recovery of the amount. Since suspension of the status quo order is in force from 21- 9-2007, this court is of the view that status quo order passed by the trial court without issuing any notice is liable to be set-aside and is accordingly set aside. The trial court, after deciding the petition filed questioning the jurisdiction of the civil court to entertain the suit, can proceed with the disposal of IA No.5520/2006 afresh along with other IAs filed by the revision petitioner/defendant and pass appropriate orders The Civil Revision Petition is accordingly allowed. No costs. _______________ A. GOPAL REDDY, J Date:12-11-2010 kmr