APHC010128092015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

FRIDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI I.A.No.1/2024 IN/AND WRIT PETITION NO: 7017/2015 Between:

1. B otta Ramesh Chandra, S/o Surya Prakash Rao, Hindu, Male, Aged about 40 years, Director- V R Chits & Investments Pvt ltd. Door no:36-

46-37 Kancharapalam, Visakhapatnam- 8 andhra pradesh.

...PETITIONER AND

1. T he State of Andhra Pradesh, Represented By Its Secretary (Civil Supplies) Secretariat Building Hyderabad, T.S.

2. T he District Consumer Forum No II, Visakhapatnam, Represented By Its President, Opposite To District Court, Maharanipet, Visakhapatnam.

3. D .Rama Rao, S/o Appla Swami, Hindu, Male, Aged About 65 Years Resident Of Door No- 36-34-5, Kancharapalem, Visakhapatnam- 8.

4. D .Nukaratnam, W/o D Rama Rao Hindu, Female, Aged About 55 Years Resident Of Door No- 36-34-5 Kancharapalem, Visakhapatnam- 8.

5. V .Adi babu, S/o A Jogulu Hindi, Male, Aged About 35 Years Resident Of Door No- 56-12-14, Kancharapalem, Visakhapatnam- 8.

6. V .Rajeshwari, W/o Adi Babu, Hindu, Female, aged about 30 years.

Resident of Door No-56-12-14, Kancharapalem, Visakhapatnam- 8.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of a Writ of prohibition, prohibiting the second respondent from proceeding with any enquiries/ passing any orders in EA No 4 of 2010 in CC .272 Of 2009 and EA.No.5 of 2010 in CC.No.274 of 2009 filed by the respondents 3 and 4 & respondents 5 and 6 respectively, pending disposal of the recovery and distribution to the creditors of VR Chits and Investments Pvt Ltd. Visakhapatnam including. Respondents 3 to 6 herein: under AP protection of depositors of financial establishments Act 1999 by the competent authority that is addition deputy director o general of police (CID), Hyderabad or to any other order or orders:

IA NO: 1 OF 2015 (WPMP 9338 OF 2015 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 stay all further proceedings in EA No 4 of 2010 in CC 272 Of 2009 and EA No 5 of 2010 in CC 274 of 2009 by the second respondent pending disposal of the writ petition or to pass IA NO: 1 OF 2024 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 permit the petitioner to amend the prayer as to issue a Writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the orders passed by the 2^nd respondent i.e., the District Consumer Forum No II Visakhapatnam, Represented by its President, Opposite to District Court, Maharanipet, Visakhapatnam in CC.No.272 Of 2009 and in CC.No.274 of 2009 is illegal, arbitrary, without power or jurisdiction, liable to be set-aside, and pass IA NO: 2 OF 2024 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 permit the petitioner to amend the prayer in WP.No. 7017 of 2015 as follows: It is therefore prayed that this Hon'ble Court may be pleased to permit the petitioner to amend the prayer as to issue a Writ order or direction more particularly one in the nature of a Writ of Prohibition declaring the orders dated 10-12-2009 passed by the 2nd respondent i.e., the Hon'ble District Consumer Forum No II Visakhapatnam, in CC.No.272 Of 2009 and in CC.No.274 of 2009 is illegal, arbitrary, without power or jurisdiction, liable to be set-aside, and pass such other order or orders may deem fit and proper in the circumstances of the case instead off "to issue a Writ order or direction more particularly one in the