IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20757 of 2005 Between: 1 M.Srinivas, (died) per LR S/o.M.Saraiah, R/o.H.No.2-5-22, Old Bazar, Mahaboobabad, Warangal district-506 101. 2 M. Rajashekar S/o.M.Saraiah, R/o.H.No.2-5-22, Old Bazar, Mahaboobabad, Warangal district-506 101. Petitioner No.2 brought on record as LR of deceased petitioner as per C.O. dt.29-6-2007 in WPMP 9143 of 2007 ..... PETITIONERS AND 1 The Managing Director, A.P.State Financial Corporation, Chirag Ali lane, Abids, Hyderabad-01. 2 The Branch Manager, A.P.State Financial Corporations, Warangal, Warangal district. .....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 Writ of Mandamus or any other appropriate writ or order or direction declaring the impugned action of the respondents demanding on amount of Rs.3,81,150/- after payment of Rs.4,48,097/- against the term loan of Rs.4,03,000/- vide account bearing No.72-2567 without any proper justiﬁcation is illegal, arbitrary and violation of principles of natural justice apart from violation of fundamental rights as guaranteed under Article 14,16 and 21 of Constitution of India. Counsel for the Petitioners:MR.THALAPALLY RAJASHEKHAR Counsel for the Respondents: MR.DURGA REDDY THIMMAYYAGIRI The Court made the following : ORDER: This Writ Petition is ﬁled challenging the proceedings initiated by the respondents for recovery of certain amount from the petitioner. The original petitioner, by name, M.Srinivas, obtained a loan of Rs.4,03,000/- for purchase of a vehicle. He committed default in payment of instalments. By the time the Writ Petition was ﬁled, he is said to have paid Rs.4,48,097/- and the respondents still insisted on payment of Rs.3,81,150/-. Original loanee died. His brother, the second respondent, came on record. It is stated that during pendency of the writ petition, a sum of Rs.75,000/- in compliance with the directions issued by this Court in W.P.M.P.No.26509 of 2005 was paid and thereafter, Rs.1,00,000/- in compliance with the directions issued in W.P.No.19397 of 2007, though with some delay. The vehicle is said to have been handed over and since brought to sale for a sum of Rs.1,00,000/-. The respondents have issued notiﬁcation proposing to sell the property, which is acquired as security. The petitioner now contends that he is prepared to pay the due amount within three months. This is fairly a reasonable offer. Inasmuch as the original loanee himself is not there and the vehicle was already seized, the proceedings to bring the secured property to sale shall stand stayed for a period of three months. In the meanwhile, the respondents shall calculate the amount due after issuing notice to the petitioner and the amounts so arrived at shall be cleared within a period of three months thereafter. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ______________________ Dt.19.11.2008 L.NARASIMHA REDDY, J Note:Furnish C.C. in three days. (B/o) GJ