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1970 Supreme(AP) 176

GOPALRAO EKBOLE, RAMACHANDRA RAO
B. C. Mulajkar – Appellant
Versus
Govt. of Andhra Pradesh represented by its Secretary, Industries and Commerce Dept. – Respondent


Advocates:
Umakant Naik, for Appellant; G.V.L. Narasimha Rao and V.V. Ramanayya, for 3rd Govt. Pleader, for Respondents.

Judgement

RAMACHANDRA RAO, J.:- This appeal is against the judgment of our learned brother Obul Reddi, J. dismissing the Writ Petition filed by the appellant herein for the issue of a Writ of mandamus restraining the respondents viz. The State of Andhra Pradesh, the Collector of Hyderabad District and the Special Deputy Tahsildar, Urban, Hyderabad, to forbear from taking proceedings under the Madras Revenue Recovery Act

against the appellant (petitioner) in pursuance of Form No. II notice dated 6-5-1967 issued by the 3rd respondent.

2. The appellant herein obtained a loan of Rs. 20,000/- by mortgaging certain immoveable properties in December, 1953 from the Industrial Trust Fund (hereinafter called the Fund) which was constituted under the Hyderabad Industrial Trust Fund Rules, 1347 Hizri. He obtained another loan of Rs. 30,000/- in August, 1953 from the same fund by hypothecating certain moveable property. In December, 1955 he obtained a further loan of Rs. 25,000/- from the fund hypothecating the Gaysers and Gayseretts manufactured by the appellant's concern and other moveable properties which were in the custody of the State Bank of Hyderabad and which were agreed to be handed over





















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