Telangana High Court
Mohd. Mazurullah vs The Prudential Cooperative Bank Ltd on 12 August, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT APPEAL Nos.889 and 915 of 2024
COMMON JUDGMENT:
(Per the Hon'ble Justice J.Sreenivas Rao)
These intra Court appeals are filed invoking the
provisions of Clause 15 of Letters Patent, aggrieved by the
common order passed by the learned Single Judge in
W.P.Nos.2228 and 2240 of 2020, dated 03.05.2024.
2. Heard Sri Ch.Janardhan Reddy, learned counsel for
the appellant and Sri Anand Kumar Kapoor, learned
counsel appearing on behalf of respondent No.1-bank.
3. Brief Facts of the case:
3.1 Respondents Nos.4 and 5 have availed the loan of
Rs.53,36,000/- in the year 2000 from respondent No.1
bank and they have committed default. Respondent No.1-
bank filed O.P.No.104 of 2011 praying to pass award and
judgment against respondents therein jointly and
severally to pay an amount of Rs.5,09,71,279/- together
with interest and other reliefs and the same was decreed
exparte on 19.08.2013. Pursuant to the said decree,
respondent No.1-bank filed E.P.No.33 of 2013. Thereafter,
the Execution Court ordered notice and after receiving the
notice, appellant filed W.P.No.4329 of 2014 and the same
was dismissed on 18.02.2014. Aggrieved by the said
order, the appellant filed intra court Appeal in W.A.No.224
of 2014 and the same was dismissed as withdrawn on
28.02.2014. Thereafter, the appellant herein filed
application I.A.No.84 of 2014, on 20.03.2014, under Order
IX Rule 13 of Code of Civil Procedure, 1908('CPC' for
brevity) seeking to set aside the exparte decree/award
dated 19.08.2013, along with condone delay application of
45 days and the said application was allowed on
09.11.2016. Subsequently, respondent No.1-bank filed
application I.A.No.83 of 2019 in O.P.No.104 of 2011,
seeking permission to receive the Registered General
Power of Attorney bearing Document No.1004/IV/1993,
dated 16.06.1993 and the same was dismissed on
01.10.2019. Thereafter, respondent No.1-bank filed
another application I.A.No.150 of 2019 in O.P.No.104 of
2011 to receive the very same document and the said
application was also dismissed on 29.11.2019. Aggrieved
by the same, respondent No.1-bank filed W.P.No.2240 of
2024.
3.2. Appellant herein has filed I.A.No.94 of 2019 in
O.P.No.104 of 2011 seeking to reject the evidence affidavit
filed on 08.05.2019 by respondent No.1-bank and the
same was allowed on 29.11.2019. Aggrieved by the said
orders, respondent No.1-bank filed W.P.No.2228 of 2020.
Learned Single Judge clubbed both the writ petitions and
passed the common order without considering contentions
of the appellant in W.P.No.2240 of 2020. Aggrieved by the
same, the appellant preferred these appeals.
4. Contentions of learned counsel for the appellant:
4.1 Learned counsel for the appellant contended that the
application filed by respondent No.1-bank i.e., I.A.No.83 of
2019 seeking to file Registered General Power of Attorney
bearing Document No.1004/IV/1993, dated 16.06.1993
was dismissed on 01.10.2019 and the said order has
become final. Without questioning the said order,
respondent No.1 filed another application I.A.No.150 of
2019 seeking same relief and the same was also dismissed
by the Tribunal.
4.2. He further contended that learned Single Judge
without taking into consideration of the above said fact,
allowed both the writ petitions and passed the impugned
order dated 03.05.2024, which is contrary to law. He
further contended that the judgment Aziz Ahmed Khan
Vs. I.A.Patel 1, relied by the learned Single Judge is also
not applicable to the facts and circumstances of the case.
In view of the same, the common order passed in
W.P.Nos.2228 and 2240 of 2020 is liable to be set aside.
5. Contentions of learned counsel for respondent
No.1- Bank:
5.1. Per contra, learned counsel appearing on behalf of
respondent No.1-bank submits that learned Single Judge
after taking into consideration of the contentions of
respective parties and principle laid down by the High
Court of Andhra Pradesh, at Hyderabad in Aziz Ahmed
Khan (supra), rightly allowed the writ petitions and there
is no illegality or perversity in impugned order passed by
learned Single Judge.
AIR 1974 AP 1(FB)
6. Analysis of the case:
6.1 Having considered the rival submissions made by
respective parties and after perusal of the material
available on record, it reveals that respondent No.1-bank
filed application I.A.No.83 of 2019 to receive the
Registered General Power of Attorney bearing Document
No.1004/IV/1993, dated 16.06.1993 and mark the same
on behalf of respondent No.1-bank and the said
application was dismissed by the Tribunal by its order
dated 01.10.2019, though the Tribunal dismissed the said
application on the ground that learned counsel for
respondent No.5 absented even after giving sufficient time
to produce the Registered GPA. Subsequently, respondent
No.1 bank filed another application I.A.No.150 of 2019
seeking same relief and the same was dismissed by the
Tribunal. Aggrieved by the same, respondent No.1-bank
filed W.P.No.2240 of 2024. Appellant herein has filed
I.A.No.94 of 2019 in O.P.No.104 of 2011 seeking to reject
the evidence affidavit and the same was allowed on
29.11.2019. Aggrieved by the said orders, respondent
No.1-bank filed W.P.No.2228 of 2020. Learned Single
Judge while allowing the writ petitions passed the
common order without considering the contentions of the
appellant in W.P.No.2240 of 2020 as to whether the
application I.A.No.150 of 2019 is maintainable under law
in view of dismissal of the earlier application i.e., I.A.No.83
of 2019 and the same is liable to be set aside and the
matters are required to be remitted.
7. For the foregoing reasons, the impugned common
order dated 03.05.2024, passed by the learned Single
Judge is set aside and the matter is remitted back to
learned Single Judge with a direction to dispose of both
the writ petitions as expeditiously as possible.
8. With the above directions, writ appeals are disposed
of accordingly. No costs.
As a sequel, miscellaneous petitions, pending if any,
shall stand closed.
__________________________________
ALOK ARADHE, CJ
_______________________________
J. SREENIVAS RAO, J
12th August, 2024
PSW
