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CDJ 2025 APHC 1891 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Civil Revision Petition No. 3782 of 2025
Judges: THE HONOURABLE MR. JUSTICE R. RAGHUNANDAN RAO & THE HONOURABLE MR. JUSTICE T.C.D. SEKHAR
Parties : M/S Sagittal Infra Projects, Rep. By Its Managing Partner, M. Kakarla Krishna Kishore, Gourishankarapuram Versus M/S. Shravya Constructions, Rep. by its Managing Partner Mr. Vattikuti Narasimhamurthy, Visakhapatnam
Appearing Advocates : For the Petitioner: Venkata Saketh Roy Vydyula, Advocate. For the Respondent: ------
Date of Judgment : 29-12-2025
Head Note :-
Constitution of India - Article 227 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 227 of the Constitution of India
- Section 151 CPC

2. Catch Words:
- Revision
- Attachment
- Non‑Performing Asset
- Award
- Interest
- Special Court for Trial and Disposal of Commercial Disputes

3. Summary:
The petitioner was awarded Rs.1,49,22,922/- with interest by the A.P. Micro and Small Enterprises Facilitation Council. Upon non‑compliance, the Special Judge ordered attachment of the petitioner’s cash‑credit account with Union Bank of India. The petitioner filed an application for vacating the attachment and simultaneously approached the High Court under Article 227 and Section 151 CPC. The petitioner argued that the account contained only a loan and no recoverable funds, and that the attachment rendered the account a Non‑Performing Asset, hindering compliance with bank limits. The High Court observed that the matter was pending before the Special Judge and it was not appropriate to intervene. Consequently, the attachment order was modified only to allow the petitioner to deposit amounts as deemed fit, and the revision petition was disposed of without costs.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to allow this petition and set aside the order of attachment dt. 07-10-2025 passed in C.E.P. No. 17 of 2025 on the file of the Honourable Special Court for Trial and Disposal of Commercial Disputes at Visakhapatnam in Case No.21c/IFC/2022/1184 The A.P Micro And Small Enterprises Facilitation Council At Mangalagiri

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certified copies of the impugned docket order dt 07-102-205 passed by the Honourable Special Court for Trial and Disposal of Commercial Disputes at Visakhapatnam, in the interest of justice.

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned attachment ordered by the Honourable Special Court for Trial and Disposal of Commercial Disputes at Visakhapatnam vide its docket order dt.07-10-2025 in the interest of justice)

R. Raghunandan Rao, J.

1. An Award for sum of Rs.1,49,22,922/- with interest had been passed against the petitioner, in a claim made by the respondent herein, before the Andhra Pradesh Micro and Small Enterprises Facilitation Council at Mangalagiri. As the aforesaid Award, dated 28.02.2024 was not being complied, the respondent had moved the Special Judge for Trial and Disposal of Commercial Disputes at Visakhapatnam by way of C.E.P.No.17 of 2025 for recovery of the amounts due under the said Award. The Special Judge, by an order dated 07.10.2025 had directed the attachment of the account of the petitioner maintained with Union Bank of India, Jangareddygudem Branch. Thereafter, the petitioner had approached the Special Judge for vacating the said order. This application is said to be pending before the Special Judge and it is coming up for tomorrow.

2. The petitioner, while the application for vacating the attachment order, is pending before the Special Judge, has approached this Court by way of the present revision petition.

3. The case of the petitioner is that the order of attachment was not in accordance with law as the said account is actually cash credit account and as such, there is no money of the petitioner available in the said account.

                  Learned counsel for the petitioner would also contend that such attachment would not result in any recovery of money from the petitioner, as the entire account is actually in the form of a loan from the bank.

4. Learned counsel for the petitioner would further submit that the petitioner was forced to approach this Court inasmuch as the bank had orally informed the petitioner that the account of the petitioner would be treated to be a Non Performing Asset in view of the account being frozen and the balance of the petitioner, in the said account, going beyond the limits granted to the petitioner. Learned counsel would also submit that on account of the attachment order, no amount can be paid by the petitioner to keep the balance below the limits granted by the bank.

5. In view of the fact that the petitioner has already approached the Special Judge and his application for vacating the earlier order is pending, it would not be appropriate for this Court to intervene in the matter.

6. As far as the issue of account of the petitioner is being declared as Non Performing Asset is concerned, the order of the Special Judge, dated 07.10.2024, shall stand modified to the extent of permitting the petitioner to deposit such amounts as deemed fit into the account which has been attached.

7. Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs.

                  As a sequel, pending miscellaneous applications, if any, shall stand closed.

 
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