BEFORE THE CHAIRMAN MACT-VIII ADDL DISTRICT JUDGE
AT – MIRYALAGUDA
E.P. No. 121 OF 2020
In
MV OP No. 110 OF 2013
Between:
Danavath Balu & another
….Decree Holders
And
1. The A.P. State Road Transport Corporation, Musheerabad, Hyderabad
2. The Depot Manager, T.S.R.T.C, Miryalaguda rep by its Manager,
(Wrongly added as Party to the E.P)
….JDrs.,
COUNTER FILED BY THE Respondent (wrongly added in the array of
JDRs)
The above named JDR No.2 (wrongly added in the array of JDrs) as
follows:
1. The above execution petition is not maintainable either in law or on facts
of the case. The numbering Section ought to have return the E.P without
giving number. The above E.P. is filed to realise the amount under AWARD
passed in MV OP 110/2013 on the file of Hon’ble Court, seeking relief of
attachment of the Buses pertaining to TSRTC, Miryalaguda Depot.
2. The accident caused by the RTC Bus belongs to Macherla depot, Andhra
Pradesh, before the date of Award i.e. 27-03-2019, Telangana State was
separated from Andhra Pradesh and the properties and liabilities of RTC also
bifurcated and that the Award under MV OP 110/2013 has to be complied by
the APSRTC but not TSRTC.
3. Further the decree Holders misrepresented the facts and misguided the
Hon’ble Court and get numbered the E.P against whom against NO DECREE
WAS PASSED. Further the DHRS filed above E.P. seeking relief against Busses
allotted to Miryalaguda DEPOT and paid process to issue notice to The
Chairman, APSRTC, Musheerabad, Hyderabad, clarifying the said fact a
circular bearing No. 2/2014, Dt.01-09-2014 was issued, copy of the circular
is herewith enclosed.
4. It is humbly submitted that the Decree Holders with a knowing well
about the bifurcation of RTC in to APSRTC and TSRTC and the above Award
was fallen to APSRTC and that APSRTC is liable to pay the amount, if any,
intentionally filed the present E.P with a view to harass the Manager,
Miryalaguda Depot.
5. It is further submitted that the Manager, Miryalaguda Depot after
receiving the E.P notice has informed to the Regional Manager, Nalgonda and
that the Regional Manager addressed a letter to Regional Manager, APSRTC,
Guntur Depot intimating about the passing of Award and pending of E.P, as
such the Manager, TSRTC and that The official of the APSRTC informed that
they will appear in the above case and comply the Award, as such the
Manager, Miryalaguda, TSRTC, has not taken steps to appear before the
Hon’ble Court. The copy of the letter Dt.05-04-2022 is enclosed.
5. In view of the above facts and circumstances the Hon’ble Court may be
pleased to dismiss the E.P by awarding exemplary costs in the interest of
justice.
Dt.11-04-2022
Miryalaguda Respondent No.2
Verification: I, Bolleddu Paul, S/o. Venkatnarsu, aged: 56 years, occu: Depo manager
Miryalguda, the above named Respondent do here by declare that the contents of this
counter cum written statement are true and correct to the best of my knowledge and
belief. Hence verified.
Respondent No.2
IN THE COURT OF THE CHAIRMAN: M
A C T CUM
(VIII ADDITIONAL JUDGE)
AT MIRYALGUDA
E.P. No. 121 OF 2020
In
MV OP No. 110 OF 2013
BETWEEN:
Danavath Balu & another
….Decree Holders
And
1. The A.P. State Road Transport
Corporation, Musheerabad,
Hyderabad
2. The Depot Manager, T.S.R.T.C,
Miryalaguda rep by its Manager,
(Wrongly added as Party to the E.P)
….JDrs.,
COUNTER CUM WRITTEN
STATEMENT FILED BY THE
RESPONDENT No. 2
FILED ON: 11-04-2022
FILED BY RESPONDENT No.2
ADDRESS FOR SERVICE
NAMPALLY CHANDRASEKHAR
Advocate
Nalgonda
Mobile No. 9440422393
BEFORE THE CHAIRMAN MACT-VIII ADDL DISTRICT JUDGE
AT – MIRYALAGUDA
E.A.NO. Of 2022
In
E.P.No. 121 OF 2020
Between:
The Depot Manager, T.S.R.T.C, Miryalaguda rep by its Manager,
(Wrongly added as Party to the E.P)
…..Petitioner/JDR (wrongly shown as JDr)
AND
1. Danavath Balu & another ….Respondent/Decree
Holders
2. The A.P. State Road Transport Corporation, Musheerabad, Hyderabad
….Respondent/ JDr
AFFIDAVIT FILED UNDER SECTION 139 OF CPC
I Bolleddu Paul, S/o. Venkatnarsu, aged: 56 years, occu: Depo manager
Miryalguda, R/o Miryalaguda town, do hereby solemnly affirm and state
sincerely on oath as follows:
I am the deponent herein and Manager, TSRTC, Miryalaguda Depot as
such I am well acquainted with the facts of the case.
It is humbly submitted that the respondent/DHRs have filed the above
E.P to realize the amount under AWARD passed by the Hon’ble Court in
O.P.No. 110/2013, is posted to-day for orders.
It is humbly submitted that in the above E.P I received notice from the
Hon’ble Court, immediately I have forwarded the case papers to legal
department of TSRTC, the legal department after going through the case papers
they have informed that no Award is passed against the Miryalaguda Depot
and advised me to inform the same to Hon’ble Court, in the meantime address
a letter to Regional Manager, Guntur Region about the E.P.
It is humbly submitted that immediately after receipt of EP notice I have
contacted the Regional Manager, Guntur and informed about the case and that
the Regional Manager promised me that he will look after the case and agreed
to appear in the above EP, as such I have not taken any steps and that the
Hon’ble Court passed Ex-parte orders and posted the case for orders.
It is humbly submitted that non-appearance by me in the above case is
neither will full not negligent but only due to the above reason.
Therefore it is prayed that the Hon’ble Court may be pleased to RE OPEN
the case for contesting the E.P, otherwise I would incur irreparable loss and
cause much inconvenience to me and it cannot be compensated in any manner
on the other hand no harm will be caused to the other side.
The facts mentioned above are true and correct to the best of my
knowledge and belief.
Miryalguda DEPONENT
Dt. 11-04-2022
Solemnly sworn and signed before me on this 11 th day of April, 2022 at
Miryalaguda
Advocate
BEFORE THE CHAIRMAN MACT-VIII ADDL DISTRICT JUDGE
AT – MIRYALAGUDA
E.A.NO. Of 2022
IN
E.P.No. 121 OF 2020
Between:
The Depot Manager, T.S.R.T.C, Miryalaguda rep by its Manager,
(Wrongly added as Party to the E.P)
…..Petitioner/JDR (wrongly shown as JDr)
AND
1. Danavath Balu & another ….Respondent/Decree
Holders
2. The A.P. State Road Transport Corporation, Musheerabad, Hyderabad
….Respondent/ JDr
RE OPEN PETITIN FILED UNDER SECTION 151 CPC
For the reasons stated in the accompanying the affidavit the petitioner
pray the Hon’ble court may be pleased to re -open the matter and permit the
petitioner to RE OPEN the case for contesting the E.P, on behalf of Respondent
No 2 company for marking documents or pass necessary orders therein ,in the
interest of justice.
Nalgonda
Dt.11-04-2022
COUNSEL FOR THE PEITIONER/RESPONDENT
IN THE COURT OF THE CHAIRMAN: M
A C T CUM
(VIII ADDITIONAL JUDGE)
AT MIRYALGUDA
EA No. OF 2022
IN
E.P. No. 121 OF 2020
BETWEEN:
The Depot Manager, T.S.R.T.C,
Miryalaguda rep by its Manager,
(Wrongly added as Party to the E.P)
…..Petitioner/JDR
AND
1. Danavath Balu & another
….Respondent/Decree
Holders
2. The A.P. State Road Transport
Corporation, Musheerabad,
Hyderabad
….Respondent/ JDr
RE OPEN PETITIN FILED UNDER
SECTION 151 CPC
FILED ON: 11-04-2022
FILED BY RESPONDENT No.2
ADDRESS FOR SERVICE
NAMPALLY CHANDRASEKHAR
Advocate
Nalgonda
Mobile No. 9440422393
BEFORE THE CHAIRMAN MACT-VIII ADDL DISTRICT JUDGE
AT – MIRYALAGUDA
E.A.No. Of 2022
In
E.P.No. 121 Of 2020
Between:
The Depot Manager, T.S.R.T.C, Miryalaguda rep by its Manager,
(Wrongly added as Party to the E.P)
…..Petitioner/JDR (wrongly shown as JDr)
AND
1. Danavath Balu & another ….Respondent/Decree Holders
2. The A.P. State Road Transport Corporation, Musheerabad, Hyderabad
….Respondent/ JDr
AFFIDAVIT FILED UNDER SECTION 139 OF CPC
I Bolleddu Paul, S/o. Venkatnarsu, aged: 56 years, occu: Depo manager
Miryalguda, R/o Miryalaguda town,do hereby solemnly affirm and state
sincerely on oath as follows:
I am the deponent herein and Manager, TSRTC, Miryalaguda Depot as
such I am well acquainted with the facts of the case.
It is humbly submitted that the respondent/DHRs have filed the above
E.P to realize the amount under AWARD passed by the Hon’ble Court in
O.P.No. 110/2013, is posted to-day for orders by setting Ex-parte.
It is humbly submitted that in the above E.P I received notice from the
Hon’ble Court, immediately I have forwarded the case papers to legal
department of TSRTC, the legal department after going through the case papers
they have informed that no Award is passed against the Miryalaguda Depot
and advised me to inform the same to Hon’ble Court, in the meantime address
a letter to Regional Manager, Guntur Region about the E.P.
It is humbly submitted that immediately after receipt of EP notice I have
contacted the Regional Manager, Guntur and informed about the case and that
the Regional Manager promised me that he will look after the case and agreed
to appear in the above EP, as such I have not taken any steps and that the
Hon’ble Court passed Ex-parte orders and posted the case for orders.
It is humbly submitted that non-appearance by me in the above case is
neither will full not negligent but only due to the above reason.
Therefore it is prayed that the Hon’ble Court may be pleased to set aside
the ex.-parte orders passed against me permitting me to contest the E.P by
filing counter, otherwise I would incur irreparable loss and cause much
inconvenience to me and it cannot be compensated in any manner on the other
hand no harm will be caused to the other side. To avoid further delay counter
in the above EP is filed herewith.
The facts mentioned above are true and correct to the best of my
knowledge and belief.
Miryalguda DEPONENT
Dt. 11-04-2022
Solemnly sworn and signed before me on this 11 th day of April, 2022 at
Miryalaguda
Advocate
BEFORE THE CHAIRMAN MACT-VIII ADDL DISTRICT JUDGE
AT – MIRYALAGUDA
E.A.No. Of 2022
In
E.P.No. 121 Of 2020
Between:
The Depot Manager, T.S.R.T.C, Miryalaguda rep by its Manager,
(Wrongly added as Party to the E.P)
…..Petitioner/JDR (wrongly shown as JDr)
AND
1. Danavath Balu & another ….Respondent/Decree Holders
2. The A.P. State Road Transport Corporation, Musheerabad, Hyderabad
….Respondent/ JDr
PETITION FILED UNDER ORDER XXI RULE 106 R/W SECTION 151 CPC
For the reasons stated in the accompanying the affidavit the petitioner
pray the Hon’ble court may be pleased to set aside the ex.-parte orders passed
against me permitting me to contest the E.P by filing counter on behalf of
Respondent No 2 company for marking documents or pass necessary orders
therein, in the interest of justice.
Nalgonda
Dt.11-04-2022
COUNSEL FOR THE PEITIONER/RESPONDENT
IN THE COURT OF THE CHAIRMAN: M
A C T CUM
(VIII ADDITIONAL JUDGE)
AT MIRYALGUDA
EA No. OF 2022
IN
E.P. No. 121 OF 2020
BETWEEN:
The Depot Manager, T.S.R.T.C,
Miryalaguda rep by its Manager,
(Wrongly added as Party to the E.P)
…..Petitioner/JDR No.2
AND
1. Danavath Balu & another
….Respondent/Decree
Holders
2. The A.P. State Road Transport
Corporation, Musheerabad,
Hyderabad
….Respondent/ JDr
PETITION FILED UNDER ORDER
XXI RULE 106 R/W SECTION 151
CPC
FILED ON: 11-04-2022
FILED BY RESPONDENT No.2
ADDRESS FOR SERVICE
NAMPALLY CHANDRASEKHAR
Advocate
Nalgonda
Mobile No. 9440422393
