IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TENTH DAY OF NOVEMBER 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 : 24543 of 2008 Between: Gopalam Jagan Mohan Rao, S/o. late Nagabhushanam, R/o. H.No. 8-3-1009, Plot No.33, Flat No. 502, V Floor, Sinduja Abitat Apartments, Srinagar Colony, Hyderabad -73. ..... PETITIONER AND 1 State Bank of Hyderabad, Panjagutta Branch, Rep. byits Assistant General Manager, Hyderabad. 2 Kotak Mahindra Bank Limited, 2nd Floor, Jewel Pawani Towers, Raj Bhavan Road, Somajiguda, Hyderabad 500 082, Rep. by its Manager. 3 M/s. Rohit & Associates Construction Private Limited, Rep. byits Directors, Having its Registered Office at 211, Gulrez Apartments, Rajbhavan Road, Somajiguda, Hyderabad A.P. 4 K. Hanumantha Rao, S/o. late Sriramulu, R/o. H.No. 8-2-310/A/12/30, Road No.14, Banjara Hills, Hyderabad -500 034. 5 Amarnath Gupta, H.No. 19-20, Asha Colony, Ramakrishnapuram, Secunderabad - 500 056. 6 Muttu Laxminarayana, S/o. Venkatapathi, R/o. H.No. 8-2-334/30, Road No.3, Banjara Hills, Hyderabad - 500 034. 7 M. Mohan Reddy (Died), S/o. Venaktapathi Reddy, r/o. h.no. 8-2-334/30, Road No.3, Banjara Hills, Hyderabad - 500 034 8 P. Audi Sehsa Reddy (DIED), R/o. H.No. 8-2-120/86/9/4, Road No.2, Banjara Hills, Hyderabad - 500 034. .....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 of Certiorari calling for the records relating to the Docket Order dated 07/08/2008 in I.A.No. 801 of 2007 in O.A.No. 108/2000 on the ﬁle of the Debts Recovery Tribunal at Hyderabad and set aside the same. Counsel for the Petitioner :MR.C.H.PURNACHANDRA RAO Counsel for the Respondents : None appeared. The Court made the following : ORDER : (Per Hon’ble Sri Anil R.Dave, CJ) Heard the learned counsel for petitioner. The facts giving rise to the present petition in a nutshell are as under; Before the Debts Recovery Tribunal, in a pending proceedings, O.A.No.108 of 2000 was ﬁled by present respondent No.1, who had assigned its debt to respondent No.2 i.e. Kotak Mahindra Bank Limited. In view of the said fact, a prayer was made in the application to substitute the name of Kotak Mahindra Bank Limited. The said application has been granted and being aggrieved by the said order passed by the Tribunal, this writ petition has been filed. According to the learned advocate appearing for the petitioner, Kotak Mahindra Bank Limited is not a bank, and, therefore, ultimately, Kotak Mahindra Bank Limited would not be in a position to proceed further with the proceedings which are pending before the Tribunal. We do not agree with the said submission for the reason that Kotak Mahindra Bank Limited, if it is not a bank, it will be open to the petitioner to raise such a plea after adducing sufficient evidence before the Tribunal. Another submission, which has been made, is to the eﬀect that the counter aﬃdavit ﬁled on merits of the case, was not considered by the Tribunal. We are sure that the facts stated in the counter aﬃdavit will be considered at the time when the case of the petitioner is examined on merits. We see no reason to interfere in the matter at this stage. The petition is, therefore, rejected. No order as to costs. _________________ ANIL R. DAVE, CJ 10th November 2008 ______________________ R. SUBHASH REDDY, J ajr