Andhra Pradesh High Court - Amravati
Stci Finance Limited, vs The State Of Andhra Pradesh on 21 May, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
. FRIDAY, THE TWENTY FIRST DAY OF MAY,
- TWO THOUSAND AND TWENTY ONE
:PRESENT: |
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
- IANo. 1 OF 2021.
IN |
WP NO: 10430 OF 2021
Between:
STCI FINANCE LIMITED, Company under the Companies Act, 1956, Registered office
at- A/B1-802, A Wing, 8th Floor, Marathon Innova, Off Ganpatrao Kadam Marg, Lower
Parel (W), Mumbai - 400013 Branch office at-401, 412, Prakash Deep Building, 7,
Tolstoy Marg, New Delhi - 110001. Rep by its Asst. General Manager, Mr. Rajesh
Khanna.
..Petitioner
AND
1. The State of Andhra Pradesh, Department of Industries and Commerce (Sugar)
Rep by its Principal Secretary, Secretariat, Amaravati Andhra Pradesh
2. The Commissioner of Sugar and Cane, O/o Director of Sugar and Cane Flat No.
108, 202 and 205, Garuda Enclave, H.No.12-545/A, Beside Kanakadurga
Varadhi, Opp Manipal Hospital, Tadepalli, Guntur.
3. The Assistant Cane Commissioner, MIG-5, Door No. 2/1465, Near DSP office,
Opp BV Reddy Colony, Chittoor, Andhra Pradesh.
The Collector and District Magistrate, Collectorate Complex, Chittoor,
The District Revenue Officer, Chittoor, Andhra Pradesh.
The Tehsildar, Nindra Mandal, Dist. Chittoor, Andhra Pradesh.
NATEMS SUGAR PRIVATE LIMTED, Company under the Companies Act, 1956,
CIN U15421TG2014PTC093249. House of Shalom, Ill Floor, Plot No.22, Survey:
No. 90/1, Trendz Eternity, Green Land Colony, Gachibowli, Hyderabad,
Rangareddi, Telangana-. 500032.
NOOR
...Respondents
Counsel for the Petitioner: SRI K SIDDHARTH RAO
Counsel for the Respondent No.1 to 3: GP FOR INDUSTRIES & COMMERCE - ;
Counsel for the Respondent No.4 to 6: GP FOR REVENUE
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to stay all
further proceedings pursuant to Attachment Notice dated 03.05.2021 issued by
Respondent No. 6, pending disposal of WP No.10430 of 2021, on the file of the High
Court.
|
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER
"This writ petition is filed questioning the action of respondent No.6 in
issuing at achment notice dated 03.05.2021.
Heard. |
Learned Senior Counsel appearing on behalf of the petitioner submits that
respondent No.7 has approached the petitioner company with a request letter
dated 29.11.2017 for grant of joan under the scheme of Corporate Term Loan.
Loan was sanctioned. Respondent No.7 by depositing the title deeds dated
29.03.2018 created the first exclusive charge in favour of the petitioner.
Learned senior counsel further submits that the respondents have issued |
demand notice dated 20.04.2021 and attachment notice dated 03.05.2021 under
the Revenue Recovery Act.
Learned Senior Counsel submits that in the light of judgment of the Hon'ble
Apex Court reported in Central Bank of India v. Siriguppa Sugars and Chemicals
Ltd. and Ors. 2007 8 SCC 353, the pledge created by the petitioner company will
| have first charge and the respondents have no authority to proceed under the
Revenue Recovery Act.
On the other hand, learned Government Pleader for Industries and
Commerce submits that respondent No.7 having received the sugarcane from the
innocent farmers failed to pay and the amount runs into crores of rupees.
Respondents have initiated proceedings under the Revenue Recovery Act. On a
- query from the Court on the legal aspect who will have the first charge over the
properties, he submits that he will file a detailed counter.
The contention advanced by the learned Senior Counsel needs
consideration. In that view of the matter there shall be stay of all further
proceedings pursuant to the attachment notice dated 03.05.2021 issued by
respondent No.6 till 20.06.2021"
SD/- E.KAMESHWAR RAO
DEPUTY REGISTRAR ""
ITTRUE COPY// Ab
SECTION OFFICER
1. The Principal Secretary, Department of Industries and Commerce (Sugar) State
To,
of Andhra Pradesh, Secretariat, Amaravati Andhra Pradesh
2. The Commissioner of Sugar and Cane, O/o Director of Sugar and Cane Flat No.
103, 202 and 205, Garuda Enclave, H.No.12-545/A, Beside Kanakadurga
Varadhi, Opp Manipal Hospital, Tadepalli, Guntur.
'. 3. The Assistant Cane Commissioner, MIG-5, Door No. 2/1465, Near DSP office,
Opp BV Reddy Colony, Chittoor, Andhra Pradesh.
The District Revenue Officer, Chittoor, Andhra Pradesh.
The Tehsildar, Nindra Mandal, Dist. Chittoor, Andhra Pradesh.
NATEMS SUGAR PRIVATE LIMTED, Company under the Companies Act, 1956,
CIN U15421TG2014PTC093249. House of Shalom, Ill Floor, Plot No.22, Survey
No. 90/1, Trendz Eternity, Green Land Colony, Gachibowli, Hyderabad,
Rangareddi, Telangana- 500032 (1 to 7 By RPAD)
8. One CC to Sri K Siddharth Rao, Advocate [OPUC]
9. Two CCs to GP for Industries & Commerce, High Court of Andhra Pradesh.
[OUT]
10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
11.One spare copy
SP
NO as
The Collector and District Magistrate, Collectorate Complex, Chittor. *
*
HIGH COURT
LKJ
DATED: 21/05/2021
POST THIS MATTER ON 14.06.2021.
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WP.No.10430 of 2021
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