Tuesday, April 13, 2010

HC issues notice to Maytas Property on winding up firm

By S A Ishaqui
Hyderabad, April 12: The Andhra Pradesh High Court on Monday issued notice to Maytas Properties Ltd seeking its reply on winding up a petition filed by a private employee couple.

Mr Krishna Kilaru and his wife Ms Sreelatha Kilaru, residents of Saleemnagar in Hyderabad, filed the petition stating that the company was unable to pay its debts and that it had failed to pay them their legitimate dues.

The petitioners told the court the company promised to construct and deliver a flat in an apartment complex called "Hill County" located at Bachupally village of Qutubullapur mandal in Ranga Reddy district, on the 8th floor, unit no. 385 through an agreement of sale dated February 6, 2008.

They said that they paid Rs 42,69,173 but the company failed to construct and deliver the flat due to which they cancelled the agreement on February 1, 2009. The company agreed through a letter to return the money within 180 days, but till date it had not paid the amount.

The petitioner submitted to the court that the company had committed a fundamental breach of contractual obligations by diverting funds meant for construction of apartments. They contended that the company had become commercially insolvent. They urged the court to appoint an official liquidator and restrain the creditors of the company from disposing off properties of the company. The case was posted to June 6.

Plea to follow MHA guidelines, stop riots

A public interest litigation was filed in the AP High Court on Monday seeking a direction to implement guidelines of the ministry of home affairs which were issued to prevent communal riots and relief and rehabilitation of the riot victims. Mr Wasim Ahmad Khan, an advocate, filed the petition stating that the Union home ministry issued guidelines in 1997 based on recommendations of various committees after the outbreak of various communal riots in the country.

PIL seeks judges to declare assets

A writ petition was filed in the Andhra Pradesh High Court on Monday seeking a direction to declare the action of the Chief Justice and Judges of the High Court in not declaring their assets as illegal.
Mr T. Kumar Babu, a practising advocate, filed the petition urging the court to call for the statements of assets of the judges. He contended that non-declaration of assets was violative of Article 21 of the Constitution. He argued

“Democracy cannot exist without justice. Justice cannot exist without the judges who are above suspicion. Judges who do not declare their assets can not be considered as judges above suspicion.” The petitioner told the court that the Kerala

High Court was the first to declare the assets of its judges on September 30, 2009 and it was followed by the Supreme Court, the Madras High Court and the Delhi High Court.

Petition on missing kids dismissed

A division bench comprising Justice D.S.R. Varma and Justice G. Chandra Kumar of the AP High Court on Monday closed two habeas corpus petitions filed on the disappearance of an SSC and senior Intermediate student of Swamy Narayana Gurukul International School and Junior College at Chevella.

Mr Jayaprakash Charya and Mr Dhanraj Chowdary, residents of Hyderabad city, filed the petition in the High Court complaining that their sons went missing since April 4 and 5, 2010.

They alleged that the authorities in institution brainwashed their children to become “sanyasis” (saints) and their children left the home in the same mood and went missing since then.

The bench while dealing with a lunch motion on Friday directed the Moinabad police to inquire into the matter, trace the children and produce them before it. Ms Mohana Reddy, assistant government pleader, while making a special mention before the bench this morning sought permission to produce the children.

She told the court that the children were permitted to go along with their parents after completing their courses on April 4 and 5. Their parents also took the gate pass and left with their children and they left from their homes and not from the institution. After hearing the facts, the bench came down heavily on the parents and reprimanded them for misrepresenting the facts and closed the case.

GO on special court for Satyam amended

The state government on Monday amended a GO issued for establishing a special court to try the multi-crore fraud in Satyam Computer Services Ltd.

The accused in the Satyam case raised objection over the language of the GO before the High Court contending that the government has no power to establish a court to exclusively try a particular case.

The government amended the GO by omitting a word in it “for trial of Satyam cases” and replaced it with "to try cases relating to scam in the Satyam Computer Services Ltd”.

Elsewhere the HC reserved its orders on a batch of writ petitions challenging the action of the government in permitting private schools to hike fees.

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