IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10042 of 2008 Between: 1 H.M.T. Limited (A Government of India Undertaking) Registered Office at 59, Bellary Road, Bangalore-580082, Rep. by B. Purusshotham Rao, Manager Marketing-Tractor Plant, HMT Township, Hyderabad. 2 Anusha Enterprises, Authorised dealer for HMT Tractors, Special Flat, 100 Feet Road, Autonagar, Guntur rep. by its Managing Partner P. Rama Krishna ..... PETITIONER(S) AND 1 The State of A.P., rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 2 The Municipal Corporation of Kakinada, rep. by its Commissioner, Kakinada, E.G. District. 3 The Commissioner, The Municipal Corporation of Kakinada Kakinada, E.G. District. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the 3rd respondent's proceedings ROC No.13146/1995-E4, dated 05.03.2008 as illegal and arbitrary and consequently set aside the same and direct the respondents 2 and 3 to pay to the petitioners an amount of Rs.42,50,000/- with 24% interest per annum from 23.10.2007 till dae of realization, towards the cost of the 10 tractors, HMT 3522 FX Model 39 HP, delivered in terms of the 3rd respondent's supply order dt. 29.09.2007 and to pass Counsel for the Petitioner:MR.P.ROY REDDY Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : ORDER: This writ petition has been filed by the petitioner assailing the inaction of the respondents 2 and 3 in releasing the amount of Rs.42,50,000/- being the cost of ten HMT 3522 FX Model 39 HP tractors. 2. Learned counsel appearing for the petitioner submits that the Municipal Corporation of Kakinada-2nd respondent paid Rs.41,40,250/- leaving some balance. The petitioner intends to work out civil remedy for recovery of the balance amount, damages and interest on delayed payment. 3. Reserving the said liberty to the petitioner, the writ petition is dismissed as withdrawn at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:17th June, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}