Andhra Pradesh Court July 2009 Judgments

Muveen Akthar Khan Vs. M/S. Malik Cars and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral order: K. Satyanand, Member Dis-satisfied with the volume of relief granted by the District Forum, the complainant filed this appeal calculated to get the entire relief sought by him in the complaint. The facts that led to filing this appeal are briefly as follows: The complainant purchased a Tata Indica vehicle from the first opposite party, dealer of the second opposite party, on 26-2-2005. It was alleged that the car carried with it a warranty for 8 months. Contrary to the assurances of the dealer, the car was defective, so he claimed to have entrusted the said car on 4-3-2005 itself to the opposite party No.1 and paid an amount of Rs.5,896.75 ps. towards the charges for rectification of the defects. Although 8 months guarantee was given, it continued to give one trouble or the other and had to be taken to the dealer for repairs on and off. Inspite of attendance to repairs by the dealer, it was not rectified and the failure of repairs was ultimately ascribed to the inherent def...

Nagulapu Raju Vs. Tirupathi

Court: Andhra Pradesh

Reported in: 2009(6)ALT408

ORDERG. Bhavani Prasad, J.1. The civil revision petition is directed against the order of the Senior Civil Judge, Nirmal, dated 04-02-2009 in I.A. No. 744 of 2006 in O.S. No. 26 of 2003. I.A. No. 744 of 2006 was filed to condone the delay of 252 days in filing the petition to set aside the ex parte decree and the defendant/petitioner claimed that due to her suffering from jaundice and severe fever from 10-12-2005 till 25-02-2006, she was set ex parte and an ex parte decree was passed against her in O.S. No. 26 of 2003 on 13-02-2006. When the plaintiff/decree-holder filed E.P. No. 6 of 2006 also, she could not file her counter on 01-11-2006 again due to severe fever from 10-08-2006 to 15-11-2006. Unfortunately, even her counsel was suffering from cancer undergoing treatment at Hyderabad and hence, she sought for condonation of delay in filing the petition to set aside the ex parte decree.2. The decree-holder opposed the request denying the allegations unsupported by any evidence and con...

Krebs Biochemicals and Industries Ltd. Vs. Nannapaneni Venkat Rao, Co- ...

Court: Andhra Pradesh

Reported in: AIR2009AP216; 2009(5)ALT98

ORDERV.V.S. Rao, J.1. This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Arbitration Act, for brevity) is filed by M/s. Krebs Bio Chemicals and Industries Limited (hereafter called, KREBS), Hyderabad, for appointment of sole arbitrator of resolving dispute between KREBS and Nannapaneni Venkatrao Co-operative Sugars Limited, Jampani (hereafter called, Society), a society registered under the Andhra Pradesh Co-operative Societies Registration Act, 1964 (Co-operative Act, for brevity), which owns a sugar factory at Jampani, Vemuru Mandal in Guntur District. The dispute between parties is in relation to Sale and Purchase Agreements (SPA), whereby and whereunder Society agreed to sell assets of sugar factory for a sum of Rs. 18.09 crores (Rupees eighteen crore and nine lakhs only). Clause 25 of SPA, dated 27-12-2003 contains covenants in Re Governing Law and Dispute Resolution. Needless to mention that Clause 25.2 mandates reference to arbitration in acc...

Union of India (Uoi) Through Director General, Department of Posts and ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT776

ORDERP. Swaroop Reddy, J.1. In all these writ petitions, as common questions of facts and law, arise for consideration, they are heard together and are being disposed of by this common order. For the sake of convenience, the parties herein would be referred to, as they are arrayed before the learned Tribunal.2. W.P. No. 18478 of 2004 is filed against the judgment in O.A. No. 1329 of 2002, which was disposed of by a common order dated 29.4.2004 along with O.A. Nos. 502 of 2004; 1048 of 2002 and 328, 1515 and 263 of 2003; 424 of 2004 and 263 of 2003. W.P. No. 24605 of 2004 is filed against the order in O.A. No. 502 of 2004 and W.P. No. 24602 of 2004 is filed against the order in O.A. No. 1515 of 2003; W.P. No. 48 of 2005 is filed against the order in OA. No. 1048 of 2002.3. Similarly, the W.P. No. 22666 of 2005 is filed against the order in O.A. No. 781 of 2002, which was disposed of by a common order along OAs. No. 778 and 782 of 2002 on 22.7.2005. It is here again clarified that W.P. N...

Smt. Poluru Venkata Ratnam Vs. Madava Venkateswara Rao and ors.

Court: Andhra Pradesh

Reported in: AIR2009AP197; 2009(6)ALT239

ORDERL. Narasimha Reddy, J.1. The petitioner, who is a creditor, filed I.P. No. 56 of 2006 against respondents 2 to 4 in the Court of II Additional Senior Civil Judge, Vijayawada under the provisions of the Provincial Insolvency Act (for short 'the Act'). During the course of proceedings, an item of immovable property owned by respondents 2 to 4 was attached and the official receiver, 5th respondent herein was entrusted with the administration of the property. In pursuance of the orders passed by the Court, the item of property was brought to sale on 14.02.2008 and the 1st respondent emerged as the highest bidder for Rs. 10,02,000/-. The amount was deposited and sale deed was executed on 19.04.2008. The petitioner filed I.A. No. 673 of 2008 with a prayer to set aside the sale and refund the amount, on the ground that the property was already sold by respondents 2 to 4, much before the I.P. came to be filed.2. The 1st respondent filed I.A. No. 1099 of 2008 under Order 1 Rule 10 C.P.C. w...

Happy Homes Housing Palace “a” Flat Owners Welfare Associati ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order : (Per Smt. M. Shreesha , Honble Member.) 1. The brief facts as set out in the complaint are that the complainants are the members of Happy Homes Housing Palace A Flat Owners Welfare Association and have availed housing loans to purchase flats in Happy Homes Housing constructed by the opposite party and sold for Rs.2.5 lakhs to Rs.3.75 lakhs depending upon the square feet area. The complainant submits that the opposite party started giving possession of the flats to the individuals from November, 2002 while the building works were still under progress and civil works were pending. As per the sale agreement, brochure and Huda Permission , opposite party promised to provide in Palace A Block the following features , for which the opposite party collected money from the flat owners ranging from Rs.19,000/- to Rs.95,000/- depending on the square feet area booked. 1. 61/2 bore well with submersible pump. 2. Water overhead tank. 3. Water filtrations plant. 4. Sewage disposal syst...

Andhra Pradesh Mills Ltd. Rajahmundary Rep. by Its Legal Officer N. Sr ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT412

ORDERP.S. Narayana, J.1. The Andhra Pradesh Paper Mills Limited, Rajahmundry, the respondent in I.D. No. 87 of 1996 on the file of the Industrial Tribunal-cum-Labour Court, Visakhapatnam (for brevity, ' the Labour Court') is before this Court challenging the Award dated 09.08.1999, whereby the Labour Court directed it to reinstate the second respondent/ workman in service with continuity of service but without back wages. The second respondent/workman was held entitled to wages from the date of filing of the I.D. till the date of his reinstatement.2. In spite of service of notice on the second respondent/ workman, he has not chosen to put in an appearance before this Court, either in person or through counsel.3. Heard Sri Vedula Srinivas, learned Counsel appearing for the petitioner/management. 4. It is his contention that the Labour Court, having held that the domestic enquiry conducted in this case was valid, ought not to have reappreciated the evidence, thereby coming to the conclus...

P. Venka Reddy S/O Venkateswar Reddy Vs. the Senior Divisional Securit ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT644

ORDERNooty Ramamohana Rao, J.1. Both these writ petitions can be conveniently dealt with together and decided as they arise out of common set of facts and also raise common questions of law.2. The writ petitioner in W.P. No. 11193 of 2009 has been functioning as the Inspector while the petitioner in W.P. No. 11223 of 2009 has been functioning as a constable, attached to the Railway Protection Force. It is stated that the petitioners while working at Nellore have received a message that one S. Dasaradha Ramaiah was responsible for causing a railway accident at Venkateswarapuram at K.M. No. 176/14 between Nellore - Padugupadu railway stations, as the said Sri S. Dasaradha Ramaiah left on the railway track his Hero Honda Motor cycle bearing Registration No. AP26 TR 5815 while trying to cross the railway lines. The petitioner in W.P. No. 11193 of 2009 being Inspector, directed the Assistant Sub-Inspector of the Railway Protection Force by name Sri K. Ramana Kumar to proceed to the accident...

Ujelly, T.C.S. Rep. by Its President Vs. Govt. of A.P. Rep. by the Com ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT679

ORDERC.V. Nagarjuna Reddy, J.1. In this batch of writ petitions, the issues of facts and law are common. Therefore, these cases are heard and being disposed of together with the consent of the learned Counsel for the respective parties. Prototype show cause notices issued by respondent No. 2 to the petitioners, Toddy Tappers Cooperative Societies in Mahabubnagar District, are assailed in this batch of writ petitions.2. The background facts leading to the filing of these writ petitions are as under:3. The petitioners hold licences granted by respondent No. 2 under which they are permitted to draw toddy from the trees allotted to them and sell to their consumers. The licences contain certain conditions subject to which the petitioners carry on their activities. The petitioners are also governed by the provisions of the Andhra Pradesh Excise Act, 1968 and The Andhra Pradesh Excise (Grant of licence to sell toddy, conditions of licence and tapping of excise trees) Rules, 2007 (for short, '...

Ayyan Traders Pvt. Ltd. Vs. Lingaram Chennaiah (Died) Per L.Rs. and or ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT259

ORDERL. Narasimha Reddy, J.1. Respondents 1 to 8 filed O.S. No. 50 of 1999 in the Court of the Senior Civil Judge, Mahaboobnagar, against respondents 9 to 14 for the relief of partition and separate possession of the suit schedule properties. One of the items was the land in Sy. No. 784 of Burgula Village, Farooqnagar Mandal, Mahaboobnagar District. The father of respondents 11 to 14, by name, Lingaram Pentaiah, was granted Occupancy Right Certificate for that land under the provisions of the A.P. (Telangana Area) Abolition of Inams Act, 1955. Respondents 11 to 14 are said to have executed a sale deed in favour of the petitioner by transferring an extent of Acs. 11.14 guntas.2. An ex parte preliminary decree was passed on 26-06-2000. Thereafter, final decree proceedings were initiated. On coming to know the same, the petitioner got itself impleaded in the final decree proceedings. Subsequently, it filed O.S. No. 69 of 2003 in the Court of the Senior Civil Judge, Mahaboobnagar against t...