IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 971 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 16/03/2008 in WP NO : 17527 OF 2007 on the file of the High Court.) Between: M/s. Shilpa Homes, A Partnership firm, rep. by Managing Partner Mr. P.V.S.N.Murthy, having Regd. Office at 6-3-563/A2, Errammanzil, Hyderabad-82 ..... APPELLANT AND A.P.Mahesh Co-operative Urban Bank Ltd., Regd.Office 5-3-989, III Floor, N.S.Road, Hyd, Rep. by its Senior Manager-cum-Authorised Officer Sri P.V.Sharma. .....RESPONDENT Counsel for the Appellant:SMT.CH.VEDAVANI Counsel for the Respondent No.: MR.V.SRINIVAS The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) This Writ Appeal is directed against the order dated 5.12.2007 made in W.P. No. 17527 of 2007 by a learned single Judge dismissing the same and negativing the relief of setting aside the order dated 16.3.2007 passed in Crl. M.P.No. 954 of 2002 by the learned Chief Metropolitan Magistrate, Hyderabad and payment of costs as per the letter dated 19.12.2006 as directed by the Debts Recovery Appellate Tribunal, in RA (SERFAEASI) No. 42 of 2006. When this writ appeal is taken up for hearing, it is submitted that O.A. has already been filed before the Debt Recovery Tribunal, Hyderabad, in terms of the directions of the learned Single Judge. In view of the fact that O.A. has already been filed before the Debts Recovery Tribunal, Hyderabad, we do not see any reason to admit the present Writ Appeal. Consequently, the Writ Appeal is dismissed with a liberty to prosecute the remedies before the Debts Recovery Tribunal, Hyderabad. No order as to costs. _____________________ Justice T. Meena Kumari _________________________ Justice C.V.Nagarjuna Reddy March 16, 2009 MAS