Telangana High Court
M/S. Nam Hotels Private Limited, Rep. By … vs M/S. Kotak Mahindra Bank Ltd., Rep. By … on 9 June, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE ELEVENTH DAY OF MARCH
TWO THOUSAND AND EIGHT
:PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION NO : 954 of 2008
Between:
1 M/s. Nam Hotels Private Limited, rep. by its authorised
signatory, V.Sambasiva Rao, S/o. V.G.K.Murthy, R/o.86, Avanthi
Nagar, Basheerbagh, Hyderabad.
2 M/s. AMN Hotels Private Limited, rep. by its authorised
signatory, V.Sambasiva Rao, S/o. V.G.K.Murthy
R/o.61, Avanthi Nagar, Basheerbagh, Hyderabad.
3 M/s.K.S.Business Consultants Private Limited, rep. by its
authorised signatory, V.Sambasiva Rao, S/o. V.G.K.Murthy
R/o.61, Avanthi Nagar, Basheerbagh, Hyderabad.
4 M/s.M.N.Infrastructures Private Limited, rep. by its authorised
signatory, S.T.G.Satyanarayana
S/o.Late S.T.G.Raja Mannar Charyulu, R/o.61, Avanthi Nagar,
Basheerbagh, Hyderabad.
5 M/s. Arthi Comptech Limited, rep. by its authorised signatory,
S.T.G.Satyanarayana, S/o.Late S.T.G.Raja Mannar Charyulu, R/o.61,
Avanthi Nagar, Basheerbagh, Hyderabad.
6 Anmol N., W/o.Bharat
R/o.396/397, Parklane, Secunderabad.
7 Sonali N. W/o.Sunil
R/o.396/397, Parklane, Secunderabad.
8 Kaza Aparna W/o.Chundra Goutham
R/o.P.J.32, Punjagutta, Hyderabad, rep. by her General Power
of Attorney Holder K.Subba Lakshmi,
W/o.Dr.K.P.C. Gandhi, Aged about 55 years, R/o.P.J-32,
Punjagutta, Hyderabad.
9 Kilaru Anupama W/o.Kilaru Sunil
R/o.P.J.32, Punjagutta, Hyderabad, rep. by her General Power
of Attorney Holder K.Subba Lakshmi,
W/o.Dr.K.P.C. gandhi, Aged about 55 years, R/o.P.J-32,
Punjagutta, Hyderabad.
10 Kilaru Sunil S/o.Kilaru Kusuma Mohan Rao
R/o.12-13-1211, Street No.10, Tarnaka, Secunderabad, rep. by
his General Power of Attorney Holder K.Subba Lakshmi,
W/o.Dr.K.P.C. Gandhi, Aged about 55 years, R/o.P.J-32,
Punjagutta, Hyderabad.
11 Kilaru Anil S/o.Kilaru Kusuma Mohan Rao
R/o.12-13-1211, Street No.10, Tarnaka, Secunderabad, rep. by
his General Power of Attorney Holder K.Subba Lakshmi,
W/o.Dr.K.P.C. Gandhi, Aged about 55 years, R/o.P.J-32,
Punjagutta, Hyderabad.
12 K.Jagdish Babu S/o.K.Srinivasa Rao
R/o.5E, R.P. Road, Secunderabad.
13 M.Jogiraju S/o.late M.Subba Raju
R/o.5-431/20/5, Plot No.96, Sri Sai Brundavan Colony, Old
Alwal,
Secunderabad. ... PETITIONERS
AND
1 M/s. Kotak Mahindra Bank Ltd., rep. by its Authorised Officer
B.Venkateswara Rao
R/o.Vinay Bhavya Complex, 6th Floor, 159-A C.S.T. Road,
Kalina, Santa Cruz (E) Mumbai, State of Maharashtra.
2 M/s. Ind Bank Merchant Banking Services Limited, Crest Building,
3rd floor, 26/27,
Jehangir Street, 2nd Lane, Beach, Chennai - 600 001.
3 M/s. Ind Bank Housing Limited, No.66, Rajaji Salai, Parry's,
Chennai.
4 M/s. Gemini Arts Private Limited, rep. by its Managing Director, 3,
Sarangapani Street, T.Nagar, Chennai.
5 M/s. Prasad Properties and Investments Private Limited, Rep. by
its Company Secretary, 3, Sarangapani Street, T.Nagar, Chennai.
6 The State of Andhra Pradesh, rep. by its Secretary, Revenue
(Urban Ceiling) Department, Secretariat, Hyderabad.
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 Mandamus or any other appropriate writ
and declaring that the action of the 1st respondent in initiating and pursuing
the proceedings under the Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 against the property
of the petitioners situated in Sy.No.11 of Guttalabegimpet village,
Serilingampally Mandal, Ranga Reddy District, subsequent to the allotment
in G.O.Ms.No.128, Rev. (UC-III) Dept., dated 8.2.2006 under Section 23 of
the Urban Land (Ceiling & Regulation) Act, 1976, is arbitrary, ultra virus the
provisions of the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 and without authority of law and
consequently direct the respondents 1 to 3 to forbear from taking any
coercive action against the said land in the purported recovery of the dues
of the outstanding amount due from the 3rd respondent and grant such
other relief as it deems fit in the circumstances of the case.
The petition coming on for hearing, upon perusing the petition
and the affidavit filed in support there of and the High Court order
dated 24.1.2008 , 04-02-2008 and 26/02/2008 made herein and
upon hearing the arguments of Sri Vedula Venkata Ramana ,
Advocate for the petitioners and of SRI.CHAKRAPANI, Advocate for
the Respondent No.1 and of SRI.MOHAMOOD ALI, Advocate for the
Respondents 4&5 and of G.P for Revenue for the Respondent No.6.
THE COURT MADE THE FOLLOWING ORDER:
"Interim order granted earlier stands extended by a further
two weeks period from today.
Post on 17/03/2008"
ASSISTANT REGISTRAR
// TRUE COPY //
for ASSISTANT REGISTRAR
..3...
To
1 B. Venkateswara Rao , The Authorized Officer,M/s. Kotak
Mahindra Bank Ltd., R/o.Vinay Bhavya Complex, 6th Floor, 159-A
C.S.T. Road, Kalina, Santa Cruz (E) Mumbai, State of Maharashtra.
2 M/s. Ind Bank Merchant Banking Services Limited, Crest Building,
3rd floor, 26/27,
Jehangir Street, 2nd Lane, Beach, Chennai - 600 001.
3 M/s. Ind Bank Housing Limited, No.66, Rajaji Salai, Parry's,
Chennai.
4 The Managing Director , M/s. Gemini Arts Private Limited,
3, Sarangapani Street, T.Nagar, Chennai.
5 The Company Secretary, M/s. Prasad Properties and Investments
Private Limited, 3, Sarangapani Street, T.Nagar, Chennai.
6 The Secretary, Revenue (Urban Ceiling) Department, State of
Andhra Pradesh, Secretariat, Hyderabad.
7. One CC to Sri Vedula Venkata Ramana, Advocate (OPUC)
8. Two CCs to the G.P for Revenue, High Court of A.P.,
Hyderabad. (OUT)
9. One spare copy.
Khb
HIGH COURT
NRR,J
Dated 11/03/2008
POST ON 17/03/2008
ORDER
W.P.No. 954 of 2008
Extension
HIGH COURT
KHB
Dated: 12/03/2008
NRR,J
Dated 11/03/2008
POST ON 17-03-2008
ORDER
W.P.No. 954 of 2008
Extension