IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 5273 of 2008 Between: 1 M/s. Narayanaswamy Boiled Industries rep. by its Managing Partner Pirkiti Venkateswarlu S/o. Narsaiah, NH5, Boppudi Village, Chilakaluripeta, Guntur District. 2 Pirkiti Venkateswarlu, S/o. Narsaiah, M/s Narayanaswamy Boiled Industries, at NH 5, Boppudi Village, Chilakaluripet, Guntur District. ..... PETITIONERS AND 1 The Debt Recovery Appellate Tribunal at Chennai, rep. by its Registrar. 2 The Debt Recovery Tribunal II at Chennai, rep. by its Registrar. 3 Andhra Bank rep. by its Authorised Officer, Special SSI Branch, Lodge Centre, Guntur District. 4 Andhra Bank, Koretipadu Branch, Koretipadu, Guntur District, rep. by its Branch Manager. 5 M/s. K. Subbaiah Pillai & Company (India) Limited, NH 5, Boppudi Village, Guntur District, rep. by its Director. .....RESPONDENTS 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 a writ, order or direction preferably a writ in the nature of Writ of Certiorari calling for the records relating to order dt. 14.02.2008 made in Appeal IN (SA)-746/2007 on the ﬁle of the Debt Recovery Appellate Tribunal, Chennai and to quash the same as being illegal, arbitrary, and violative of Articles 14 of the Constitution of India and consequently suspend the said order by directing the respondents 3 to 5 herein not to meddle with or alter the nature of the land including the alienation of the land, buildings, godowns, machinery which is the subject matter of Appeal IN (SA)-746/2007 on the ﬁle of the Debt Recovery Appellate Tribunal and pass such other order or orders. Counsel for the Petitioners :MR.W.B.SRINIVAS Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICIT OR GEN) The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 5273 of 2008 ORDER : (Per Hon’ble Sri Anil R.Dave, CJ) Rule Nisi. Looking to the facts of the case and in pursuance of request made by the learned advocates, the petition is finally heard today. The learned advocates appearing for the petitioner-borrower as well as the respondent – Bank, have submitted that it is not in dispute that the property, which has been sold, fetched Rs.1.20 Crores, whereas the dues at the relevant time were Rs.1.05 Crores. Thus, the entire amount of dues, subject to the amount of expenditure which the Bank has incurred, has been received by the respondent-Bank. There appears to be some dispute with regard to payment of further amount of Rs.25 lakhs by the petitioner-borrower to the respondent-Bank. It has been submitted that Rs.25 lakhs have been paid to the respondent-Bank, whereas the respondent-Bank does not admit the said fact. Be that as it may. The fact remains that Rs.1.20 Crores i.e. sale proceeds, are with the respondent- Bank, whereas the amount due at the relevant time was only Rs.1.05 Crores. In the aforesaid circumstances, when the present appellant had challenged the order passed by the Debts Recovery Tribunal-II, Chennai, the Debts Recovery Appellate Tribunal ought not to have directed the present petitioner i.e. borrower, to deposit Rs.30 lakhs, because, at the relevant point of time, possibly there were no dues. In the circumstances, the condition with regard to deposit of Rs.30 lakhs in two instalments, imposed by the Debts Recovery Appellate Tribunal, Chennai in its orders dated 14th February 2008, passed in S.A.No.746 of 2007, is quashed and set aside. It will be open to the Debts Recovery Appellate Tribunal to examine whether the said amount of Rs.25 lakhs has been paid and whether any amount towards expenditure is in fact due and payable by the borrower. The writ petition stands disposed of as allowed with no order as to costs. _________________ ANIL R. DAVE, CJ 23rd September 2008 ______________________ R. SUBHASH REDDY, J ajr