IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO : 16913 of 2009 Between: P. Krishna Kishore ..... PETITIONER AND State Bank of Hyderabad, Gunfoundry Branch, Hyderabad Rep. by its Manager & Others. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No. 16913 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Petitioner, who is arrayed as 10t h defendant in O.A.No.454 of 1999 and 10th respondent in I.A.No.929 of 2008 pending on the file of Debts Recovery Tribunal at Hyderabad invoked the extraordinary jurisdiction of this Court under Article 226 of Constitution of India to declare the order passed by the Debts Recovery Tribunal, Hyderabad in I.A.No.929 of 2008, dated 19.11.2008 as modified pursuant to the order passed in I.A.No.1416 of 2008, dated 18.12.2008 as arbitrary, illegal and violative of the principles of natural justice. State Bank of Hyderabad, Gunfoundry Branch, Hyderabad-1st respondent herein filed O.A.No.454 of 1999 for recovery of money advanced by it for running the newspapers published by M/s.Krishna Patrika Publications Pvt. Ltd.-2nd respondent herein against the 4th respondent herein who is the Managing Director of 2nd respondent and other guarantors numbering 11. Pending the O.A., 7th defendant therein, who is one of the guarantors filed I.A.No.929 of 2008 to direct the respondents 12 to 14 therein who are described as 11 to 13 herein, to withhold a sum of Rs.30 lakhs out of the amounts payable to M/s.Krishna Patrika Publications Pvt. Ltd. and remit the same to the credit of the O.A. In the said I.A., notices were issued and served on respondents 1,2,4 and 12 to 14 therein. The Tribunal by order, dated 19.11.2008 allowed I.A.No.929 of 2008 as prayed for and issued garnishee order. Since a typographical mistake was crept in the order, dated 19.11.2008, the petitioner in I.A.No.929 of 2008 filed another application in I.A.No.1416 of 2008 to carry out the amendment by adding the words “M/s. Krishna Patrika” in place of “M/s.Krishna Patrika Publications Pvt. Ltd.; and to add respondent Nos.12 to 14 arrayed in the petition in I.A.No.929 of 2008 as respondent Nos.12 to 14 in the order in I.A.No.929 of 2008 in O.A.No.454 of 1999. On allowing the said I.A., the amendment sought for was carried out by passing modified order in I.A.No.929 of 2008, dated 18.12.2008 which is impugned in the writ petition. On coming to know of passing of the ex parte order, the writ petitioner, who is the Proprietor of M/s.Krishna Patrika in whose name it was transferred on 28.10.2004 filed four applications i.e. I.A.No.459 of 2009 to implead M/s.Krishna Patrika as respondent No.16 in I.A.No.929 of 2008; I.A.No.461 of 2009 to vacate the ex parte order passed against him in the said I.A.; I.A.No.494 of 2009 to implead M/s.Krishna Patrika as defendant No.12 in O.A.No.454 of 1999; and I.A.No.495 of 2009 to stay the execution of the ex parte Garnishee orders passed in I.A.No.929 of 2008, dated 19.11.2008 as modified on 18.12.2008. Since no orders as such were passed on the above applications, the present writ petition is filed questioning the orders passed in the impugned I.A. contending that a guarantor cannot file an application for transfer of the amount payable to the principal borrower-M/s.Krishna Patrika Telugu Daily Newspaper which is registered with the Registrar of Newspapers, and that no notice of whatsoever was issued to the Proprietor of M/s.Krishna Patrika who is impleaded as 10th respondent and therefore, the impugned ex parte order passed in I.A.No.929 of 2008 is liable to be set aside. Learned counsel for the petitioner in I.A.No.929 of 2008 who obtained the ex parte order against the writ petitioner has no objection for impleading M/s. Krishna Patrika in the I.A. Learned counsel for the 1st respondent-Bank who filed the O.A. has also no objection for impleading M/s. Krishna Patrika as a defendant to O.A.No.454 of 1999. Under those circumstances, the applications filed by the writ petitioner viz., I.A.No.459 of 2009 to implead M/s.Krishna Patrika as respondent No.15 in I.A.No.929 of 2008 and I.A.No.494 of 2009 to implead M/s.Krishna Patrika as defendant No.12 in O.A.No.454 of 1999 are ordered accordingly. The Debt Recovery Tribunal, Hyderabad shall dispose of I.A.No.461 of 2009 in O.A.No.454 of 1999 filed by the writ petitioner to vacate the ex parte orders passed against him in I.A.No.929 of 2008 within a period of four weeks from today after giving opportunity to both the parties. It is directed that pursuant to the orders passed by the Tribunal in the impugned I.A., if the amount is deposited by the Garnishee, the same shall be kept in a nationalized bank in the form of fixed deposit so that the amount can earn some interest, and that the said amount will abide by the result of I.A.No.461 of 2009. With the above observations and directions, the writ petition is disposed of. No order as to costs. _________________ (A. GOPAL REDDY, J.) ____________________ (SAMUDRALA GOVINDARAJULU, J.) NOVEMBER 04, 2009 TSR