A KARUNA Vs. BANK OF INDIA,
LAWS(APH)-2019-2-7
HIGH COURT OF ANDHRA PRADESH
Decided on February 04,2019

A Karuna Appellant
VERSUS
Bank Of India, Respondents

JUDGEMENT

Gudiseva Shyam Prasad - (1.)This writ petition is filed for a writ of mandamus to declare the action of the 2nd respondent officials, their recovery agents and other men in bringing antisocial elements and transgender people to the petitioner's house, and doing dharnas and creating ugly seenes before her house situated at Vaikunthapuram, Tirupathi by holding placards and using filthy language and signing obscene songs involving the petitioner's name, creating a very great agony, humiliation, loss of reputation and depression to the petitioner in the name of alleged recovery of certain amounts, as illegal and arbitrary, and consequently direct the respondents not to create such ugly scenes and not to bring illegal pressure on the petitioner in any manner.
(2.)Heard the learned counsel for the petitioner and Smt. V. Dyumani, learned counsel represent Smt. T. Vidya Rani, learned Standing Counsel for the respondents Bank.
(3.)The case of the petitioner is that she is the Proprietor of M/s. Lenin Industries. She obtained a term loan of Rs. 30.00 lakhs from the respondents Bank and executed promissory note, hypothecation cum loan agreement hypothecating hydraulics, disks, heaters, cutters, hydraulic power punch etc. The monthly installment is 63,938/- commencing from January, 2017. As the petitioner sustained loss in the business, she failed to pay the dues as per the agreement. Therefore, the respondents filed O.A. No.3653 of 2017 before the Debts Recovery Tribunal-II, Hyderabad, and the petitioner received notices from the Tribunal. Apart from filing the O.A., Bank officials along with some recovery agents, antisocial elements and some transgender people came to the house of the petitioner and creating ugly scenes and doing dharna by holding placards and raising slogans against the petitioner by using filthy language. Hence, this writ petition.
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