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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
PRECA Structures Pvt Ltd. – Appellant
Versus
Anish Reddy Chinnamile – Respondent
| Table of Content |
|---|
| 1. factual background of the insolvency proceedings and related litigation. (Para 3 , 4 , 6) |
| 2. contestation about maintainability of writ petition and its implications. (Para 11 , 21) |
| 3. evaluation of the applicability of the interim order against rights and remedies. (Para 30 , 34) |
JUDGMENT :
1. Heard Sri K. Vivek Reddy, learned Senior Counsel representing Sri Chokkapu Neela Achyuth, learned counsel for the appellant; Sri Ravi Teja, learned counsel for respondent No.3, Sri Avinash Desai, learned Senior Counsel representing Sri Tanushree Bose, learned counsel for respondent No.1.
Facts:-
4. During the pendency of the said interlocutory application, respondent No.1 had filed a Writ Petition vide W.P.No.28501 of 2025 to declare the action of respondent No.3 herein (Liquidator governed by IBBI and appointed by the learned NCLT) in proceeding with the e-auction, dated 28.08.2025, seeking to sell Aster Private Limited as a going concern with residual assets, without permitting respondent No.1 herein to participate in the e-auction, dated 28.08.2025 as arbitrary, illegal, consequently direct respondent No.3 to re-conduct the e-auction, dated 28.08.2025 by permitting respondent
A writ petition pursuing parallel remedies under the Insolvency and Bankruptcy Code is impermissible and affects parties' rights; interim orders must determine substantial issues.
Writ appeals against interim orders under SARFAESI proceedings are maintainable, clarifying that the characterization of orders determines their applicability under Articles 226 or 227 of the Constit....
The Letters Patent allows appeals only against judgments that conclusively affect rights; interim orders lacking such determinations are not appealable.
An interim injunction is not a 'judgment' under Clause 10 of the Letters Patent as it does not determine the merits of the case and is thus non-appealable.
Writ appeals against interlocutory orders are not maintainable unless such orders constitute a 'judgment' under Letters Patent, determining rights or effects in the main case.
An ‘order’ obviously cannot include mere procedural orders of adjournment, admission of writ, summoning of documents or witnesses, or directing local inspection etc. which orders do not seriously aff....
The Court cannot grant interim relief after a certificate for appeal has been issued, as it lacks jurisdiction to modify dismissed orders.
Judicial orders, particularly those granting injunctions, must be reasoned and demonstrate the application of legal standards to the facts; failure to do so violates principles of natural justice.
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