IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE : PRESENT: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO: 25880 of 2002 Between: The A.P.Vardhaman (Mahila) Co-operative Urban Bank Ltd., Eden Bagh, King Koti, Hyderabad. ..... Petitioner AND 1. The Debt Recovery Tribunal, Triveni Complex, 5th Floor, Abid Road, Hyderabad, rep. by the Registrar 2. Punjab National Bank, R.P.Road Branch, Secunderabad, rep.by its Senior Manager 3. Smt. Laxmi Bai, W/o.A.V.Jagan Mohan Rao H.No. 1-1-752, Gandhinagar, Hyderabad. 4. Sri A.V.Shai Kiran, S/o.A.V.Jagan Mohan Rao H.No. 1-1-752, Gandhinagar, Hyderabad. 5. M/s.Sitaram Dayaram, (through their partner) 15-7-642, Begum Bazar, Hyderabad. 6. Sri Ghansyamdas Sankla, S/o.Ram Chander Sankla H.No. 18-4-467, Shamgheergunj, Hyderabad. 7. Sri Badrivishal Sankla, S/o.Chander Sankla, Sri Sai Krupa Apartments, Door No.3-3-71, Flat No. 401, Door No.3-371 to 90, Behind Andhra Bank, Kachiguda, Hyderabad. 8. Smt.Jayashree Sankla, W/o. Sri Badrivishal Sankla, Sri Sai Krupa Apartments, Flat No. 401, Door No.3-371 to 90, Behind Andhra Bank, Kachiguda, Hyderabad. 9. Sri Damodar Das Sankla H.No. 18-4-467, Gandhi Nagar, Hyderabad. (Respondents 4 to 9 are not necessary parties) .....Respondents Whereas the Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of certiorari calling for records of O.A. No. 2128of 1999 including I.A.No.1090 of 2001 and quash the order dated: 07-12-2001 passed by respondent No.1 and illegal and without jurisdiction; Whereas the Court upon perusing the petition and the affidavit filed in support there of and the order of the High Court order dated: 09-01-2003 made in WPMP. No. 32703 of 2002 and dated: 09-09-2009 made herein and upon hearing the arguments of Sri K. Gopala Krishna Murthy, Advocate for the Petitioner observed as follows: “This Court by order dated: 09-09-2009 directed the second respondent-The Senior Manager, Punjab National Bank, R.P. Road Branch, Secunderabad, to be present before this Court. But, when the matter called today, the second respondent- Senior Manager is not present and there is no representation on behalf of the second respondent”; And Whereas the Court therefore, directed the Registry to issue Bailable Warrant returnable after Dassera Vacation, 2009, for appearance; ..2.. You viz; The Commissioner of Police, Hyderabad City, Hyderabad. are hereby directed to arrest the said second Respondent-the Senior Manager, Punjab National Bank, R.P. Road Branch, Secunderabad wherever he is found and produce him bodily under safe custody and conduct before this Hon`ble Court on 05- 10-2009 at 10.30. A.M., to which date the case stands posted. You are further directed that if the said Respondent No.2 furnishes Bail bond in a sum of Rs. 5,000/-(Rupees five thousand only) with an undertaking that he will appear before this Court on 05-09-2009, he may be released on bail subject to the condition that he should attend this Court and shall continue to attend this Court until otherwise directed. You are further directed to execute the Warrant without fail and to return the same as early as possible preferably on or before 05-10-2009 to this Court with a detailed report stating the manner in which it has been executed. Herein fail not. JOINT REGISTRAR To 1. The Commissioner of Police, Hyderabad City, Hyderabad (BY SPECIAL MESSENGER with a copy of petition and affidavit) Copy to 2. One C.C.to Sri K.Gopalakrishna Murthy Advocate. (OPUC) 3. One spare copy. Ksv HIGH COURT Ksv Date of drafting: 24-09-2009 GM.J & NRR.J DATE: 23-09-2009 NOTE: POST THIS MATTER ON 05-10-2009 ORDER W.P.NO. 25880 OF 2002 BAILABLE WARRANTS AGAINST R2