IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25845 of 2008 Between: M/s. Swamy Ayappa Fruit Company, rep. by its Proprietor Indla Subbarayudu, s/o. Chinnaiah R/o. H.No.2-68-3, NTR Nagar, Aravapale Village, Nandaluru Mandal, Kadapa District. ..... PETITIONER AND 1 The Andhra Pragathi Grameena Bank, Regional Office, Kadapa rep. by its Regional Manager-cum-Authorized Officer. 2 The Andhra Pragathi Grameena Bank, Nandaluru Branch, Nandaluru, Kadapa District, rep. by its Manager. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not accepting the request made by me in letter dated 10.11.2008 pursuant to the proceedings dated 25.9.2008 in ref. No.172/11A/ODH/08 initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as arbitrary, illegal, colourable, exercise of power, discriminatory, violative of principles of natural justice, violative the Fundamental Rights guaranteed under Articles 14 and 19, Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents to receive the amount due to me in installments and meanwhile not to take any coercive steps and pass Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: MR.K.SRINIVASA MURTHY The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25845 of 2008 ORDER: 1 Petitioner approached this Court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying Affidavit it is hereby prayed that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not accepting the request made by me in letter dated 10.11.2008 pursuant to the proceedings dated 25.9.2008 in ref. No.172/11A/ODH/08 initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as arbitrary, illegal, colourable exercise of power, discriminatory, violative of principles of natural justice, violative of the Fundamental Rights guaranteed under Articles 14 and 19, Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents to receive the amount due to me in installments and meanwhile not to take any coercive steps and pass such other order or orders as are deemed fit and proper in the circumstances of the case.” 2 Heard both sides. 3 As the request of the petitioner appears to be genuine, this Court is of the view that this Writ Petition can be disposed of at the stage of admission with a direction to the petitioner to pay the entire amount due to the bank before the end of June 2009. As the mango season commences from the month of March, the petitioner is directed to pay the amount at the rate of Rs.25,000/- for the months of December 2008, January and February 2009 and the balance amount with accrued interest shall be paid in four equal monthly installments thereafter. However, the entire amount due shall be paid on or before 30.06.2009. However, if any installment, as stated above, is not paid, it is open for the respondents to proceed against the petitioner as per the notice dated 25.09.2008. 4 The Writ Petition is accordingly disposed of. No order as to costs. -------------------- SRI T.G.K, J. 26.11.2008. Kvsn