Andhra Pradesh High Court - Amravati
Assistant General Manager, vs M/S. Livax Plastics, on 23 August, 2022
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU
WRIT APPEAL Nos.638, 639, 647 and 648 of 2022
(Through physical mode)
WRIT APPEAL No.638 of 2022
M/s. Livax Plastics,
D.No.7-5A-3, 2nd Floor, Meghana Residency,
Ramaraopeta, Kakinada, East Godavari District,
Andhra Pradesh - 533003, and others.
.. Appellants
versus
The Union of India,
Rep. by Secretary, Department of Expenditure,
Ministry of Finance, Room No.76, North Block,
New Delhi - 110001, and others.
.. Respondents
Counsel for the appellants : Ms. S.V. Indira
Counsel for respondents 1 to 3 : Mr. N. Harinath, ASG
Counsel for respondent No.4 : GP for Finance & Planning
Counsel for respondent No.5 : GP for Industries & Commerce
Counsel for respondent Nos.6&7 : Mr. G.R. Sudhakar
WRIT APPEAL No.639 of 2022
M/s. Villmar Agro Polymers Private Limited
(CIN-U24132AP2014PTC095852),
Regd. Office: D.No.25-5-16, Flat No.204,
Bhavishya Apartment, Vinukonda Vari Street,
Nr. Wharf Road, Kakinada, East Godavari District,
A.P-533 001, Rep. by its Managing Director
Dr. K. Jagadees and others.
.. Appellants
versus
The Union of India,
Rep. by Secretary, Department of Expenditure,
Ministry of Finance, Room No.76, North Block,
New Delhi - 110001, and others.
.. Respondents
Counsel for the appellants : Ms. S.V. Indira
Counsel for respondents 1 to 3 : Mr. N. Harinath, ASG
Counsel for respondent No.4 : GP for Finance & Planning
HCJ & DVSS,J
Counsel for respondent No.5 : GP for Industries & Commerce
Counsel for respondent Nos.6&7 : Mr. G.R. Sudhakar
WRIT APPEAL No.647 of 2022
Assistant General Manager,
Andhra Pradesh State Financial Corporation (APSFC),
(Incorporated under the State Financial Corporation Act
LXIII of 1951), Rajamahendravaram Branch,
Office at: D.No.19-5-9, Near Swatanra Petrol Bunk,
Kambala Cheruvu, Rajamahendravaram,
Andhra Pradesh - 533105.
.. Appellant
versus
M/s. Livax Plastics,
D.No: 7-5A-3, IInd Floor,
Meghana Residency, Ramaraopeta,
Kakinada, Kakinada District, and others.
.. Respondents
Counsel for the appellant : Mr. G.R. Sudhakar
Counsel for respondents 1 to 4 : Mr. Venkateswarlu Gadipudi
Counsel for respondents 5 to 7 : Mr. N. Harinath
Counsel for respondent No.8 : GP for Finance & Planning
Counsel for respondent No.9 : GP for Industries & Commerce
WRIT APPEAL No.648 of 2022
The Assistant General Manager,
Andhra Pradesh State Financial Corporation (APSFC),
DNo.19-5-9, Near Swatanra Petrol Bunk,
Kambala Cheruvu, Rajamahendravaram,
Andhra Pradesh - 533105.
(Incorporated under the State Financial Corporation
Act LXIII of 1951), Rajamahendravaram Branch).
.. Appellant
versus
M/s. Villmar Agro Polymers Private Limited
(CIN-U24132AP2014PTC095852),
Regd. Office: D.No:25-5-16, Flat No.204,
Bhavishya Apartment, Vinukonda Street,
Nr. Wharf Road, Kakinada, Kakinada District,
Rep. by its Mg. Director Dr. K. Jagadees, and others.
.. Respondents
Counsel for the appellant : Mr. G.R. Sudhakar
Counsel for respondents 1 to 4 : Mr. Venkateswarlu Gadipudi
HCJ & DVSS,J
Counsel for respondents 5 to 7 : Mr. N. Harinath
Counsel for respondent No.8 : GP for Finance & Planning
Counsel for respondent No.9 : GP for Industries & Commerce
COMMON JUDGMENT (ORAL)
Dt: 23.08.2022
(per Prashant Kumar Mishra, CJ)
These four writ appeals arise out of similar interim orders passed by the
learned single Judge in two writ petitions, viz., W.P.Nos.15596 of 2022 and
15597 of 2022.
2. W.A.Nos.638 and 639 of 2022 have been preferred by the writ
petitioners, while W.A.Nos.647 and 648 of 2022 have been preferred by the
Assistant General Manager of Andhra Pradesh State Financial Corporation
(respondent No.7 in the writ petitions).
3. Ms. S.V. Indira, learned counsel for the appellants in W.A.Nos.638 and
639 of 2022, after arguing for some time, would seek permission of the Court
to withdraw both W.A.Nos.638 and 639 of 2022 reserving liberty to the
appellants therein to make a request before the learned single Judge for
extension of time to comply with the interim orders passed in the writ
petitions.
4. Permission is accorded. Accordingly, W.A.Nos.638 and 639 of 2022 are
dismissed as withdrawn granting the liberty as prayed for.
5. So far as W.A.Nos.647 and 648 of 2022 are concerned,
Mr. G. Sudhakar, learned standing counsel for Andhra Pradesh State Financial
Corporation appearing for the appellant in these two appeals, submits that in
view of withdrawal of the writ appeals filed by the writ petitioners, the
proceedings of W.A.Nos.647 and 648 of 2022 may be closed reserving liberty
to the appellant to contest the prayer of the writ petitioners for extension of
HCJ & DVSS,J
time for compliance, if any such prayer is made before the writ Court, and also
to pursue the vacate stay applications before the writ Court.
6. In view of the above submission, W.A.Nos.647 and 648 of 2022 are
closed granting the liberty as prayed for.
7. Pending miscellaneous applications, if any, in all the appeals shall stand
closed. No costs.
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PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J
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