Andhra Pradesh High Court - Amravati
A.P.State Seed Certification ... vs M/S Maharastra State Seed ... on 7 April, 2022
1
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: A.S.No.282 of 2018
PROCEEDING SHEET
Sl. OFFICE
ORDER
No DATE NOTE
AHSANUDDIN AMANULLAH, J
10. 07.04.2022
and
G.RAMAKRISHNA PRASAD, J
(Per Hon'ble Mr. Justice Ahsanuddin Amanullah)
of 2021
Heard Mr. Balaswamy, learned
Government Pleader attached to the Office of the
learned Advocate General for the appellants and
Mr. Virupaksha Dattatreya Gowda, learned
counsel for the respondents.
2. Learned counsel for the appellants
submits that I.A.No.1 of 2019, which has been
filed seeking condonation of delay in filing of the
review application be disposed of as the same
was misconceived since no application for review
has been filed.
3. Further, it was submitted that he has
filed I.A.No.2 of 2019 seeking review of the
interim order dated 04.04.2018 passed on
I.A.No.1 of 2018 and also I.A.No.1 of 2019
seeking condonation of delay in filing of the
review petition. However, it was submitted that
in view of the appellants subsequently filing
I.As.No.1, 2 and 3 of 2021, he shall not be
pressing I.As.No.1 and 2 of 2019.
4. I.A.No.3 of 2019, has been filed seeking
stay of further proceedings in E.P.No.4 of 2019.
It was submitted that the appellants shall be
pressing the same.
5. I.A.No.1 of 2021 has been filed praying
to modify the interim order dated 04.04.2018,
which requires deposition of Rs.1,89,73,986/- by
the appellants before the Court below. Further,
I.A.No.2 of 2021 has been filed seeking
impleadment of the State of Telangana and
Telangana State Seeds and Organic Certification
Authority as respondents no.6 and 7 and
Interlocutory Application No.3 of 2021 has been
filed to amend the name of the first appellant
from 'A.P.State Seed Certification Agency' to 'A.P.
State Seed Certification Authority (APSSCA)'.
6. Learned counsel for the appellants
submitted that the suit was filed in the year 2008
when Andhra Pradesh and Telangana were one
common State, but in the year 2014 due to
creation of two States, i.e. State of Telangana and
the State of Andhra Pradesh, the suit which was
filed by the respondent no.1 was required to be
suitably amended to implead the State of
Telangana and A. P. State Seed Certification
Agency and also the Telangana State Seeds and
Organic Certification Authority, but it was not
done and the judgment which has been passed
on 05.09.2017 against A.P.State Seed
Certification Agency, which is no more in
existence, cannot be given effect to. Further, it
was submitted that in the year 2014 itself, the
liability of the two agencies of the State of Andhra
Pradesh and Telangana were to be apportioned in
the ratio of 58% : 42% and on that ground also,
the interim order dated 04.04.2018 requiring the
State of Andhra Pradesh to deposit the entire
decretal amount needs to be modified.
7. Learned counsel submitted that as per
the prayer made in I.A.No.1 of 2021, this Court
may modify the interim order dated 04.04.2018
and restrict the direction for payment by the
appellants to 25% of the 58% share of the total
liability, i.e. Rs.1,10,65,629/- which comes to
Rs.27,66,407/-, for grant of interim stay against
the judgment under appeal.
8. Learned counsel for the respondents
submitted that he be given a short
accommodation and the matter be heard on
11.04.2022 for him to properly assist the Court.
He assured that in the meantime, he will not
press E.P.No.4 of 2019 in O.S.No.5 of 2019 on
the file of the Court of II Additional Junior Civil
Judge, Kurnool.
9. In view thereof, the matter be listed on
12.04.2022.
of 2019 are disposed of as not pressed.
_________________________________
(AHSANUDDIN AMANULLAH, J)
_______________________________
(G.RAMAKRISHNA PRASAD, J)
Rns
