APHC010322292019 IN THE HIGH COURT OF ANDHRA PRADESH [3505]

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION No.2899/2019 Between:

Vellaturu Srinivasa Rao ...PETITIONER AND Vasantha Rao Murali Krishna and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. GHANTASALA UDAYA BHASKAR Counsel for the Respondent(S):

1. POTHARAJU VENKATESWARA RAO ORDER:-

1. The present revision petition is filed against the order dt.04.09.2019 passed in IA No.482 of 2019 in IP No.7 of 2019, on the file of Senior Civil Judge, Avanigadda, Krishna District.

2. The petitioner filed the Insolvency Petition against the respondents herein seeking to adjudicate him as insolvent. Pending the said Insolvency Petition, he filed Interlocutory Application vide IA No.482 of 2019 seeking protection under Section 31 of the Act, inasmuch as arrest warrant is pending against him in EP No.37 of 2018 in OS No.86 of 2015 at the instance of respondent No.1. The said application was resisted by the 1^st respondent and after hearing the parties, the learned Senior Civil Judge, Avanigadda dismissed the said application, which is being impugned in the present revision petition.

3. Heard learned counsel for the petitioner. None appeared for the respondents.

4. This Court by order dt.28.09.2019 placing reliance on Judgment rendered by Madras High Court reported in Ramalingam Vs. Radha, AIR 2012 MADRAS 1 granted an interim order of stay of

arrest of the petitioner and the said order is being extended from time to time. As the revision petition of the year 2019, instead of going into the merits of the matter, the revision petition is disposed of directing the Trial Court to adjudicate the Insolvency Petition in accordance with law after affording opportunity of being heard to the parties. It is needless to mention that, the interim order granted by this Court on 28.09.2019 shall continue till the disposal of the Insolvency Petition.

5. With the above observation the Civil Revision Petition is disposed of. No order as to costs.

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

______________________ JUSTICE T.C.D. SEKHAR

22.01.2025 DR THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR CRP No.2899 of 2019 Date 22.01.2025 DR