Garapati Harihara Rao v. M/S Shriram Equipment Finance Company Limited And 8 Others

132511

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAYTHE TWENW NINTH DAY OF DECEMBER TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE NOs: 239 240 and 243 0F2020 CRIMINA L REVISION CASE NO:239 oI 2O20 criminal Revision case under sections 397 & 407 of cr.P.c. against the order dated 06.02.2020 made in crl. M. P No. 2958 0f 2019 in c.c No. 261 0f iOll on the file of the Court of the XXIV Special Magistrate, Hyderabad at Erramanzil.

Between:

Garaoati Harihara Rao, S/o Panduranga Mohan Rao, aged abolt 57 years'. Occ p'r!.5"tiv eriin"ss, R/o plot no.4, ind floor Silent Lake Valley, Road No51' Extensioh Jubilee Hills, Hyderabad-500033'

...PETITIONER/A-2 AND

1. M/s Shriram Equlpment Finance Compaly Limited, (Amalgated. vide order dated 31st Marih'2016 passed by High Court Judicature at Madras pass rn c.C ruo. 66/16) in M/s'Shriram'Equipment Transport Finance 9o'pinv Limited rep by its authorized officer Rqjesh .!gg off at Mookambika Complex, 5io Ftoor'Nol 4 Branch off H.No. 1i-13-1274' 3rd floor, Maspack.House' Nea' st Anns Hish t"nol'i*=.J6[[3['-r.3ft"riIi,[xt^if

2. Mts. Coastal Projects Limited, Plot No. 304/0,.Road No. 78, Beside -' Fiamataya Studio, Film Nagar, iubilee-Hills,.HLderabad-33 Rep by its rtllinigrg bir""tor GarapatiHdrihara Rao S/o Panduranga Mohan Rao'

3. Nivarthi Sridhar chandrashekaran, Aged Major, occ. whole time Director of - Corsiii Fro;ects Ltd., Plot No.304,-0,-Road No..7.8-,.Beside peqmdayq.s]uqr^o: iiim't'..taoar.'Jubilee Hills. Hvderabad-33. R/o H.NO. 2-2-112911, Flat NO' 101' irJ.atiirm Road. Swagjruha Srinivas, New Nallakunta, Hyderabad-44

4. subbineni surendra, s/o Papaiah sabbineni Aged 53 years, occ Director of CoastalProjectsLtd.,PlotNo.304,-0,Bog{t!q.ZQ,.9"sidePadmalayastuclro' iiim-tlaoar.'.luUilee Hills,Hvderabad-33. R/o Plot NO. 5'12-R, Road NO 29' Jubilee Hills, Hyderabad-33, Telangana State.

t'- 2.- -

5. Sharad Kumar, Aged Major, Occ. Additional Director of Coastal Projects Ltd. Ptot No.304,-0, Road No.78, Beside Padmalaya Studio, Film Nagar, Jubilee Hills, derabad-33. R/o H.No. 26-D, Shatabadi Vihar E-15, Sector-61, Noida - 201307,Uttar Pradesh

6. Abbaraju Bhaskar Rao, S/o Narasimha Rao Aged about 53 years, Occ. Authorised Signatory Of Coastal Projects Ltd., Plot No.304,-0, Road No.78, Beside Padmalaya Studio,Film Nagar, 4Jubilee Hills, Hyderabad-33. R/o H. NO.2-2-1 133/5/6/'t, Flat No.403, Sivanada Livings, Shivam Road, New Nallakunta Hyderabad 44

7. Chinnamsetty Mohan Rao, S/o Chinnamasetty Sobhanadri Aged about 44 years, Occ. Authorised Signatory of Coastal Projects Ltd., Plot No.304,-0, Road No.78, Beside Padmalaya Studio, Film Nagar, Jubilee Hills, Hyderabad33. Rl/o Flat No. 104, Sai Lakshmi Nilayam Plot No. 125 and 126, Kavuri Hills, Jubilee Hills Hyderabad - 33 ... RESPONDENTS/ACCUSED No. 1, 3 to 7

8. Mr.Ravi SankarDeverakonda Liquidator of M/s Costal Projects Limited, Having his office at Prestige St.Johnswood Apartment, No.S0,Tavarakere Main road, Banglore-560029 Email ravi cacscma icai.org ,..RESPONDENT/PROPOSED ACCUSED

9. The State of Telangana, Rep by its Public Prosecutor High Court at Hyderabad ...RESPONDENT lA NO: 1 OF 2020 in Crl. R.C. No. 239 of 2020 Petition under Section 482 of Crl.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings, including the appearance of the petitioner in C.C. No. 261 ol 2017 on the file of XXIV Special Magistrate, Hyderabad at Erramanzil, pending disposal of the criminal revision petition. Counsel for the Petitioner : SRI. V. SEETHARAMA AVADHANI : SRI PRAVEEN KUMARCHALLA Counsel for the Respondent No.1 : PUBLIC PROSECUTOR Counsel for the Respondent No.9 CRIMINAL REVISION CASE NO: 210 of 2020 Criminal Revision Case under Sections 397 & 407 of Cr.P.C. against the Order dated 06.02.2020 made in Crl. M. P No. 2957 of 2019 in C.C No. 260 of 2017 on the file of the Court of the XXIV Special Magistrate, Hyderabad at Erramanzil.

Between:

Garapati Harihara Rao, S/o Panduranga Mohan Rao, aged about 57 years, Occ. Presently Business, R/o plot no. 4, 2nd floor Silent Lake Valley, Road No.51, Extension Jubilee Hitls, Hyderabad-500033, ...PETITIONER/A-2

z.-- 3 AND M/s Shriram Equipment Finance Company Limited, (Amalgated vide order dated 31st March 2016 passed by High Court Judicature at Madras pass in C.P No. 66/16) in M/s Shriram Equipment Transport Finance Company Limited rep by its authorized officer Rajesh Reg off at Mookambika Complex, 3rd Floor No. 4 Branch Off H.No. 12-13-1274, 3rd floor, Maspack House, Near st Anns High t'nolf*="J3[[3[x,r,"3'fi"r',-Ti^ixt*1 M/s. Coastal Projects Limited, Plot No.304/0, Road No.78, Beside Padmalaya Studio, Film Nagar, jubilee Hills, Hyderabad-33 Rep by its Managing Director Garapati Harihara Rao S/o Panduranga Mohan Rao. Nivarthi Sridhar Chandrashekaran, Aged Major, Occ. Whole time Director of Coastal Projects Ltd., Plot No.304,-0, Road No.78, Beside padmalaya studio, Film Nagar,'Jubilee Hills, Hyderabad-33. Rio H.NO. 2-2-112911, Flat NO.

'101, Ramalayam Road, Swagruha Srinivas, New Nallakunta, Hyderabad44. Subbinenl Surendra, S/o Papaiah Sabbineni Aged 53 years, Occ. Director of Coastal Projects Ltd., Plot No.304,-0, Road No.78, Beside Padmalaya Studio, Film Nagar, Jubilee Hills,Hyderabad-33. R/o Plot NO. 512-R, Road NO. 29, Jubilee Hills, Hyderabad-33, Telangana State. Sharad Kumar, Aged Major, Occ. Additional Director of Coastal Projects Ltd. Plot No.304,-0, Road No.78, Beside Padmalaya Studio, Film Nagar, Jubilee Hills, derabad-33. R/o H.No. 26-D, Shatabadi Vihar E-15, Sector-61, Noida - 2O13O7,Ullar Pradesh Abbaraju Bhaskar Rao, S/o Narasimha RaoAged about 53 years, Occ. Authorised Signatory Of Coastal Projects Ltd., Plot No.304,-0, Road No.78, Beside Padmalaya Studio,Film Nagar, 4Jubilee Hills, Hyderabad-33. R/o H. NO.2-2-1 133/51611,Flat No.

403, Sivanada Livings, Shivam Road, New Nallakunta Hyderabad 44 Chinnamsetty Mohan Rao, S/o Chinnamasetty Sobhanadri Aged about 44 years, Occ. Authorised Signatory of Coastal Projects Ltd., Plot No.304,-0, Road No.78, Beside Padmalaya Studio, Film Nagar, Jubilee Hills, Hyderabad33. R/o Flat No. 104, Sai Lakshmi Nilayam Plot No. 125 and 126, Kavuri Hills, Jubilee Hills Hyderabad - 33 ... RESPONDENTS/ACCUSED No. 1, 3 to 7 Mr.Ravi Sankar Deverakonda Liquidator of M/s Costal Projects Limited, Having his office atr Prestige St.Johnswood Apartment, No.SO,Tavarakere Main road, Banglore-560029 Email ravi cacscma icai.org ...

9. The State of Telangana, Rep by its Public Prosecutor High Court at Hyderabad ...RESPONDENT lA NO: 1 OF 2020 Petition under Section 482 Crl.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleasecl to stay all further proceedings, including the appearance of the petitioner

<-q in C.C. No. 26O or 2017 on the file of XXIV Special Magistrate, Hyderabad at Erramanzil, pending disposal of the criminal revision petition. Counsel for the Petitioner : SRl. V. SEETHARAMA AVADHANI : SRI PRAVEEN KUMARCHALLA Counsel for the Respondent No.1 : PUBLIC PROSECUTOR Counsel for the Respondent No.9 CRIMINAL REVISION CASE NO: 243 of 2020 Criminal Revision Case under Sections 397 & 407 of Cr.P.C- against the Order dated 06.02.2020 made in Crl. M. P No. 2959 ot 2019 in C.C No. 262 of 2017 on the file of the Court of the XXIV Special Magistrate, Hyderabad at Erramanzil.

Between:

Garapati Harihara Rao, S/o Panduranga Mohan Rao, aged about 57 years, Occ. Presently Business, R/o plot no.4,2nd floor Silent Lake Valley, Road No.51, Extension Jubilee Hills, Hyderabad-500033, ...PETITIONER/A-2 AND

1. M/s Shriram Equipment Finance Company Limited, (Amalgated vide order dated 31st March 2016 passed by High Court Judicature at Madras pass in C.P No. 66/16) in M/s Shriram Equipment Transport Finance Company Limited rep by its authorized officer Rajesh Reg off at Mookambika Complex, 3rd Floor No. 4 Branch Off H.No. 12-13-1274, 3rd floor, Maspack House, Near st Anns High t"nol'l*rrr'31?3[1nr,"otfi"rtT'ilX!,ffl

2. M/s. Coastal Projects Limited, Plot No.304/0, Road No.78, Beside Padmalaya Studio, Film Nagar, jubilee Hills, Hyderabad-33 Rep by its Managing Director Garapati Harihara Rao S/o Panduranga Mohan Rao.

3. Nivarthi Sridhar Chandrashekaran, Aged Major, Occ. Whole time Director of Coastal Projects Ltd., Plot No.304,-0, Road No.78, Beside padmalaya studio, Film Nagar, Jubilee Hills, Hyderabad-33. R/o H.NO. 2-2-112911, Flat NO. 101, Ramalayam Road, Swagruha Srinivas, New Nallakunta, Hyderabad-44.

4. Subbineni Surendra, S/o Papaiah Sabbineni Aged 53 years, Occ. Director of Coastal Projects Ltd., Plot No.304,-0, Road No.7B, Beside Padmalaya Studio, Film Nagar, Jubilee Hills,Hyderabad-33. R/o Plot NO. 512-R, Road NO. 29, Jubilee Hills, Hyderabad-33, Telangana State.

5. Sharad Kumar, Aged Major, Occ. Additional Director of Coastal Projects Ltd. Plot No.304,-0, Road No.78, Beside Padmalaya Studio, Film Nagar, Jubilee Hills, derabad-33. R/o H.No. 26-D, Shatabadi Vihar E-15, Sector-61, Noida - 201307,Uttar Pradesh

6. Abbaraju Bhaskar Rao, S/o Narasimha Rao Aged about 53 years, Occ. Authorised Signatory Of Coastal Projects Ltd., Plot No.304,-0, Road No.78, Beside Padmalaya Studio,Film Nagar, 4Jubilee Hills, Hyderabad-33. R/o H.

NO. 2-2-1 133i51611 , Flat No. 403, Sivanada Livings, Shivam Road, New Nallakunta Hyder abad 44

7. K.Vasantha Laksmi, Aged major, Occ. Authorised Signatory of M/s Coastal Projects Ltd. Plot no. 304/0. Road NO. 78, Beside Padmalaya Studio, Film Nagar, Jubilee Hills, Hyderabad -33. ... RESPONDENTS/ACCUSED No. 1,3 to 7

8. Mr.Ravi Sankar Deverakonda Liquidator of M/s Costal Projects Limited, Having his office at Prestige St.Johnswood Apartment, No.S0,Tavarakere Main road, Banglore-560029 Email ravi cacscma@ icai.org ...RESPONDENT/PROPOSED ACCUSED

9. The State of Telangana, Rep by its Public Prosecutor High Court at Hyderabad ...RESPONDENT lA NO: 1 OF 2020 Petition under Section 482 Cil.P .C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings, including the appearance of the petitioner in C.C. No. 262 or 2017 on the file of XXIV Special Magistrate, Hyderabad at Erramanzil, pending disposal of the criminal revision petition. Counsel for the Petitioner : SRI. V. SEETHARAMA AVADHANI Counsel for the Respondent No.1 : SRI PRAVEEN KUMAR CHALLA Counsel for the Respondent No.9 : PUBLIC PROSECUTOR The Court made the following: COMMON ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE Nos.239, 24O AND 243 0F 20.20.

COMMON ORDER:

Learned counsel for the petitioner seeks permission of this Court to withdraw the present Criminal Revision Cases on the ground that the parties intend to settle the matter before the Lok Adalat 2.

Permission is accorded.

3.

Accordingly, this Criminal Revision Cases are dismissed as withdrawn Miscellaneous petitions, if any, pending, shall stand closed SD/- M RAMANA KRgfiNA, DEPUTY REGIYTRAR.

/ r -/Y //TRUE COPY// SECTION OFFICER To 1 . The XXIV Special Magistrate, Hyderabad-at .Erramanzil'

2. fwoCCs to Public prosecutor, Uilfr Court for the State of Telangana at Hyderabad. (OUT) oi," cEi" snt. V. seETHARAMAAVADHANI, Advocate^l^gryc] o;; ca to SRl. PRAVEEN KUMAR cHALLA, Advocate [oPUC] DL ADK Two CD CoPies

HIGH COURT DATED:2911212023 E. STA I-€ o q)oo ? s sEt 2t?3 L] .\ COMMON ORDER t DE5 Ft-rC '

CRLRC.NOS: 239,240 and 243 OF 2020 DISMISSING CRL.R.CS AS WITHDRAWN,