IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 532 of 2009 & WRIT PETITION No. 509 of 2009 WRIT APPEAL NO : 532 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/03/2009 in WP NO : 509 OF 2009 on the file of the High Court.) Between: The Andhra Bank, Rep. by its Senior Branch Manager, Dr. Pattabhi Road, Machilipatnam, Krishna District. ..... APPELLANT AND M/s. Sai Surya Rice Mill, Rep. by Sri B. Seshu Babu S/o. Venkateswara Rao R/o. D.No. 1/118, Nidumolu, Muvva Mandal, Krishna District. .....RESPONDENT Counsel for the Appellant:DR.K.LAKSHMI NARASIMHA (SC FOR ANDHRA BANK) Counsel for the Respondent No.: MR.KURITIBHASKARA RAO And WRIT PETITION NO : 509 of 2009 Between: M/s. Sai Surya Rice Mill, Rep. by its Proprietor, Sri B. Seshu Babu S/o. Venkateswara Rao, R/o. D.No. 1/118, Nidumolu, Muvva Mandal, Krishna District. ..... PETITIONER AND The Andhra Bank, Rep. by its Senior Branch Manager, Dr. Pattabhi Road, Machilipatnam, Krishna District. .....RESPONDENT 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 issue writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent in not releasing the original documents which were submitted at the time of obtaining term loan vide Account No. SSI/01/19990008 and SSI/01/20010001 and OCC1693 of the Petitioner Unit, even though the Petitioner has paid total OTS amount on 30-12-2008 is arbitrary, bad and illegal and violation of Article 14 of the Constitution of India, consequently direct the Respondent to release all the Original documents pertaining to the petitioner term loan in the interest of justice and pass such other orders. Counsel for the Petitioner:MR.KURITIBHASKARA RAO Counsel for the Respondent : DR.K.LAKSHMI NARASIMHA (SC FOR ANDHRA BANK) The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No : 532 of 2009 & WRIT PETITION No. 509 OF 2009 COMMON JUDGMENT: (Per Smt. T. Meena Kumari,J) This writ appeal is directed against the order dated 25.3.2009 passed in W.P.M.P. No. 620 of 2009 in Writ Petition No. 509 of 2009. The appellant is the Bank. The respondent herein filed the aforementioned writ petition before the learned single Judge assailing the action of the appellant-bank in not releasing the original documents, which were submitted by the respondent-writ petitioner at the time obtaining of term loan. In that writ petition, it filed W.P.M.P. No. 620 of 2009 seeking a direction to release the documents mentioned therein. Through the impugned order, the learned single Judge granted the interim direction as prayed for. Assailing the said order, the bank filed the present appeal on the ground that the respondent has to pay an amount of Rs. 2,16,780/-, out of which it has paid an amount of Rs. 50,000/- only and an amount of Rs. 1,66,780/- is still due from the respondent. When the appeal was taken up for hearing today, Sri Kuriti Bhaskara Rao, learned counsel for the respondent has produced a demand draft bearing No. 536979, dated 22.4.2009 drawn on State Bank of India taken in favour of M/s. Sai Surya Rice Mill, Nidumolu for a sum of Rs. 1,66,175/- (Rupees One Lakh Sixty Six Thousand One Hundred Seventy Five Only) and states that he would deposit the same with a covering letter to the credit of term loan Account of the respondent, being maintained in Andhra Bank, Dr.Pattabhi Road, Machilipatnam bearing No. SSI/01/19990008 and SSI/01/20010001 and OCC 1693. He requests that the Andhra Bank may be directed to credit the said amount to the account of the respondent. Learned counsel further states that the respondent has already paid a sum of Rs. 50,000/- to the appellant-bank long back, which may be given credit to and it undertakes to pay the remaining amount of Rs. 605/- directly to the bank tomorrow towards full and final settlement of the term loan account. On such payment being, the appellant-bank is directed to release all the original documents, viz., 1) Registered Sale Deed No. 24/1980 of M/s. Anjaneya Rice and Flour Mill belonging to Smt. Bathina Ramanujamma and its link documents; 2) Registered Document No. 720/1990 pertaining to M/s. Sai Surya Rice Mill and its link documents and 3) the documents relating to the residential house registered vide document No.2130 of 1994 and 2562 of 1994 of Mr. Seshu Babu and its link documents of the respondent-unit to the respondent forthwith. The writ appeal is accordingly disposed of with the above directions. In view of the orders passed in the writ appeal, nothing survives for adjudication in the writ petition and no further orders need to be passed in the writ petition. The writ petition is accordingly disposed of. In the result, the writ appeal as well as the writ petition are disposed of . No costs. ___________________ T. MEENA KUMARI,J DATE: 23rd April, 2009 ________________________ VILAS V. AFZULPURKAR,J Note: Furnish c.c. by tomorrow. B/o pnb