ANURAG FARMS PRIVATE LIMITED HYDERABAD Vs. UNION OF INDIA SECRETARY LAW DEPARTMENT PARLIAMENT HOUSE NEW DELHI

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus declaring the proceedings in O. A. No.205 of 1995 on the file of the third respondent as invalid.

(2.) The second respondent-State Bank of Hyderabad, Gunfoundry,Hyderabad has instituted a suit in O.A. No.205 of 1995 against the petitioners herein on the file of the third respondent for recovery of an amount of Rs.2,16,58,000/-. The said suit wasdecreed on 11-7-1997 against the petitioners herein. Petitioners did not file any appeal against the judgment and decree in O.A. No.205 of 1995 before the appellate forum at Mumbai, but instead approached this Court with a prayer as indicated above.

(3.) This Court while admitting the writ petition on 5-11-1997, has issuedan interim direction on the same day in WPMP No.33882 of 1997 to the effect that in the event of any decree being passed in O.A. No.205 of 1995, the same shall not be executed until further orders. The second respondent-Bank filed a vacate-petition in WVMP No.152 of 1998 seeking to vacate the interim stay order passed by this Court in WPMP No.33882 of 1997.