IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
Represented by his GPA holder
Kavuru Krishna Prasad …. Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director
Ongole.

2. [Link] Anjaneyulu …. Defendants

PLAINT FILED ON BEHALF OF THE PLAINTIFF UNDER ORDER 7 RULE 1 AND

SEC.26 OF THE CIVIL PROCEDURE CODE

1. DESCRIPTION OF THE PLAINTIFF:

Dr. Appa Rao Mukkamala, S/[Link] Rao, Hindu, aged 73 years, Medical
Profession, President, NRI Academy of Sciences, Staff quarters, Chinakakani,
Mangalagiri Mandal, Guntur District, Andhra Pradesh, represented by his GPA-
holder Mr. Kavuru Krishna Prasad, S/o Appaiah, Hindu, aged 47 years, resident
of No. 405, Sri Balaji Fortune Towers, Opp: Autonagar, Managalagiri,
Mangalagiri J.C.J.C.

Address of the Plaintiff for service of notices etc., is the same as above and also to the
care of his counsel:

Somu Krishna Murthy, [Link]., LL.M.

[Link] Kanchi,
[Link],
S. Mallikharjun,
Advocates
# 29-37-64, Eluru Road,
Vijayawada – 520 002.

2. DESCRIPTION OF THE DEFENDANTS:

i) M/s. Ongole Aroghya Hospitals Pvt. Ltd., Represented by its Managing
Director # 37-1-169/59, Kurnool Road, Ongole - 523 001, Andhra
Pradesh, Ongole J.C.J.C.

ii) [Link] Anjaneyulu, father’s name not known, Hindu, aged about 55
years, Medical profession, # 37-1-169/59, Kurnool Road, Ongole –
523 001, Andhra Pradesh, Ongole J.C.J.C.

Address of the defendants for service of summons and notices is the same as above.

3. It is submitted that the Plaintiff is a Medical Practitioner and he is currently

serving as President, NRI Academy of Sciences, Chinakakani, Mangalagiri

Mandal, Guntur District, A.P. The plaintiff is a Radiologist having business at

Michigan, 48439, USA. The Plaintiff used to stay at USA as well in India and

frequently flying to other counties. The defendant No.1 is a company, registered

under the Companies Act, 1956 and has been carrying on hospital business

under the name of ‘Aroghya Hospitals’. The Defendant No.2 is the Managing

Director and has been representing and dealing the day to day business of the

Defendant No.1 personally and thereby he is responsible for the conduct of

business affairs of the Defendant No.1.

4. It is further submitted that the Defendant No.2 and the other Directors of the

Defendant No.1 have contacted the Plaintiff and his associates including his

power of attorney holder Sri Kavuru Krishna Prasad, who is working as an

‘Officer on Special Duty’ (OSD) for NRI Hospital at Chinakakani, and induced

him to purchase the Defendant No.1 company, which runs an hospital under the

name of ‘Aroghya Hospital’ at Ongole with a representation that the hospital is

being run in a well organized manner and it has got state of art equipment,

other assets and that the Defendant No.1 is free from encumbrances. Thus, the

GPA holder of the Plaintiff is having personal knowledge about the facts of the

case. The Plaintiff and his associates have believed such representations and

accordingly the Plaintiff paid on two occasions amounts of Rs.50 Lakhs each

time through RTGS on 25-01-2016 vide RTGS UTR [Link]

52016012500501203 and RTGS UTR [Link] 52016012500501213

respectively, on 25-01-2016 and the said amounts were transferred from the

Plaintiff’s account maintained at Dhanalakshmi Bank Ltd., Chinakakani branch

and credited to the 1st Defendant’s current account bearing

No.401900301000187 of Vijaya Bank, Ongole. The Plaintiff has also paid

further sum of Rs.30 lakhs on 11-03-2016 to the Defendant No.1, totaling to

Rs.1,30,00,000/- (Rupees One crore thirty lakhs only), towards advance for sale

consideration in respect of the sale of the 1 st Defendant’s business, and the same

was acknowledged by the Defendant No.2 for and on behalf of the Defendant

No.1. The Defendant No.2, being the Managing Director of the Defendant No.1,

has acknowledged the receipt of above mentioned payments of

Rs.1,30,00,000/- (Rupees one crore thirty lakhs only) in the letter addressed to

the Plaintiff herein.

5. It is further submitted that subsequently, the plaintiff came to know that the

Defendant No.1 is not managing the hospital business in a well organized

manner and that it incurred huge debts to its creditors and that the Defendants

played fraud on the Plaintiff and induced to part with the above huge amounts. In

these circumstances, the Plaintiff cancelled and concluded the proposal to

purchase the hospital and business of the Defendant No.1 duly expressing his

attention and accordingly demanded for repayment of the amount paid by the

Plaintiff as advance sale consideration.

6. It is further submitted that the Defendant No.2, being the Managing

Director of the Defendant No.1 addressed a letter to the Plaintiff confirmin the

cancellation of the proposed sale and unconditionally undertook to pay back the

entire amount. Subsequently on 13-06-2016, the Defendants addressed

another letter Dt.13-06-2016, engrossed on a non judicial stamp paper worth of

Rs.100/-, duly acknowledging the receipt of the above mentioned amount and

they further undertook and reconfirmed that the amount will be repaid in short

time since the sale proposal was mutually cancelled. While the matter stood

thus, the Plaintiff has noticed a publication in local newspaper of Prakasam

District Dt.23-08-2016 purportedly on behalf of one M/[Link] Institute of

Medical Sciences Ltd., stating that they are going to take over the Defendant

No.1 company and called for objections. As the Plaintiff is an interested party,

sent their objections Dt. 29-08-2016, but invain. As the agreement was

cancelled and concluded in between the Plaintiff and the Defendants, the

relationship in between the Plaintiff and the Defendants is turned as ‘creditor

and debtor relationship’ and the Defendants being debtors made themselves

liable to repay the advance sale consideration forthwith along with accrued

interest to the Plaintiff. Thus, the Plaintiff reserved his right to initiate

appropriate legal proceedings against the Defendants and against other

necessary persons, in accordance with the provisions of the Companies Act,

1956/2013 without prejudice to their rights and remedies in recovering the suit

amount, including winding up of the Defendant No.1 Company as per provisions

of Section 433(e) of the Companies Act, 1956 for its inability to pay debts. As

the Defendants have received the said amount for sale of the hospital as well as

business of the Defendant No.1, the Defendant No.1 as well as the Defendant

No.2, who dealt the transaction personally and who made promise and

assurance, and who violated several provisions of Law and who undertook to

repay the amount payable to the Plaintiff and being the Managing Director of the

Defendant No.1, the Defendant No.2 is also made himself personally liable to

pay the suit amount to the Plaintiff. Thus, the liability of the Defendant No.2 is

joint, several and co-extensive with that of the Defendant No.1. As the

Defendants have utilized the said amount of Rs.1,30,00,000/- (Rupees one crore

thirty lakhs only) for its business, the defendants are liable to pay interest @ 24%

p.a. till the date of realization.

7. It is further submitted that in spite of the demands made by the Plaintiff and

on their behalf including the GPA holder of the plaintiff, the defendants failed to
repay the advance amounts on some pretext or other. As such, the Plaintiff got

issued a legal notice Dt.10-09-2016 to the Defendants as well as to the said

M/[Link] Institute of Medical Sciences Ltd., demanding for repayment of the

amount of Rs.1,30,00,000/- (Rupees one crore thirty lakhs only) along with

interest @ 24% p.a. as the transaction is in commercial nature and as per public

policy, but they remained silent. The Defendants are not entitled for any relief

under any Debt Relief Enactments. Hence the suit.

8. CAUSE OF ACTION:- Cause of action for the present suit arose on 25-

01-2016 when the plaintiff paid an amount of Rs.50 lakhs through RTGS UTR

[Link] 52016012500501203 from Dhanlakakshmi Bank Ltd., Chinakakani

Branch, Guntur District in to the 1 st Defendant’s current account No.

401900301000187 of Vijaya Bank, Ongole; and on same day i.e. o n 25-01-2016

when the plaintiff paid also an amount of Rs.50 lakhs through RTGS UTR

[Link] 52016012500501213 from Dhanlakakshmi Bank Ltd., Chinakakani

Branch, Guntur District in to the 1st defendant’s current account No.

401900301000187 of Vijaya Bank, Ongole; On 11-03-2016 when further

amount of Rs.30 lakhs paid to the defendant No.1 under a receipt; on all the

dates when the defendants and his men played fraud on the plaintiff and his

men; when the proposal to purchase of the hospital and business of the

defendant No.1 or taking over the defendant No.1 company was concluded

mutually; When the advance amount of Rs.1,30,00,000/- was treated as loan

 advanced to the defendant No.1; On all the dates when correspondence took

place in between the plaintiff and the defendants; On 11-03-2016 and on 13-06-

2016 when the defendants have acknowledged the amounts and undertook to

repay the same; On all the dates when the plaintiff and his associates and the

GPA holder of the plaintiff demanded for repayment of the amount along with

interest; On 10-09-2016 when the plaintiff got issued a legal notice to the

defendants as well as to M/[Link] Institute of Medical Sciences Ltd.; when

the defendants received the notice under postal acknowledgments and remained

silent; and at Chinakakani where the amount is transferred to the account of the

Defendant No.1 and where the amount is payable are within the Jurisdiction of

this Hon’ble Court.

9. PARTICULARS OF THE SUIT CLAIM:

Amount paid to the defendant No.1 on
25-01-2016 Rs.1,00,00,000-00

Add: Interest @ 24% p.a. on 1,00,00,000/-

as damages from 25-01-2016 to till
date Rs. 21,06,666-00
--------------------------
Rs.1,21,06,666-00
Amount paid to the defendant No.1 on
11-03-2016 Rs. 30,00,000-00

Add: Interest @ 24% p.a. on 30,00,000/- as

damages from 11-03-2016 to till date Rs. 5,40,000-00
---------------------------
Rs. 35,40,000-00

Add: Cost of the demand Rs. 5,000-00

-------------------------
 Total Rs.1,56,51,666-00
-------------------------

(Rupees One crore fifty six lakhs fifty one thousand six hundred and sixty six
only)

10. The suit is valued @ Rs.1,56,51,666-00/- (Rupees One crore fifty six

lakhs fifty one thousand six hundred and sixty six only) on which the plaintiff

paid a total court fee of Rs. as per Sec.20 of [Link] Fee and

Suits Valuation Act. On which The court fee is paid in the A/c

No.327722070033, Syndicate Bank, Guntur and the original challan is filed

herewith a memo.

11. Therefore, the plaintiff prays that the Hon’ble Court may be pleased to
pass a Decree and Judgment in his favour and against the defendants, jointly
and severally, for ;

a) the suit amount of Rs.1,56,51,666-00/- (Rupees One crore fifty six lakhs
fifty one thousand six hundred and sixty six only)

b) subsequent interest @ 24% from the date of the suit to till date of
realization on Rs.1,30,00,000/- as the transaction is in commercial nature ;

c) Awarding cost of the suit;

and

d) All such other reliefs which this Hon’ble court deems fit and proper in the
circumstances of the case.
Be pleased to consider

Filed by:
Advocate for Plaintiff PLAINTIFF

Facts stated in the above paragraphs are all true and correct to the best of my
knowledge, information and belief.

Vijayawada,
Date: PLAINTIFF

LIST OF DOCUMENTS FILED ON BEHALF OF THE PLAINTIFF:

1. Dt. : Statement of account of the plaintiff showing

the transactions under RTGS UTR
[Link] 52016012500501203 & RTGS
UTR [Link] 52016012500501213

2. Dt.11-03-2016 : Receipt for Rs.30 lakhs executed by the

defendant No.1

3. Dt.13-06-2016 : Letter addressed by the defendants

acknowledging to pay back the entire amount
to the plaintiff
4. Dt.23-08-2016 : Publication in local news paper of Prakasam
District got published by M/[Link] Institute
of Medical Sciences Ltd.,

5. Dt.29-08-2016 : Objections sent by the plaintiff for the above

6. Dt.10-09-2016 : Legal notice got issued by the plaintiff to the

defendants

7. Dt.19-09-2016 : Postal acknowledgment of the defendant No.1

8. Dt.19-09-2016 : Postal acknowledgement of the defendant No.2

9. Dt. : General Power of Attorney executed by the

plaintiff in favour of Kavuru Krishna Prasad.

Be pleased to consider

Advocate for Plaintiff

IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

 [Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
Represented by his GPA holder
Kavuru Krishna Prasad …. Petitioner/Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director
Ongole.

2. [Link] Anjaneyulu …. Respondents/Defendants

AFFIDAVIT FILED ON BEHALF OF THE PETITIONER/PLAINTIFF U/S139 OF CPC:

I, Kavuru Krishna Prasad, S/o Appaiah, Hindu, aged 47 years, working as an ‘Officer on
Special Duty’ (OSD) for NRI Hospital at Chinakakani, resident of No. 405, Sri Balaji Fortune
Towers, Opp: Autonagar, Managalagiri, do hereby solemnly affirm and state on oath as follows:

1. I submit that I am the GPA holder of the Plaintiff and I know the facts of the case. I am
having personal knowledge about the facts of the case. I crave leave of the Hon’ble Court to
read the plaint as part of this affidavit.

2. I submit that the Plaintiff is a Medical Practitioner and he is currently serving as

President, NRI Academy of Sciences, Chinakakani, Mangalagiri Mandal, Guntur District, A.P.
The Plaintiff is a Radiologist having business at Michigan, 48439, USA. The Plaintiff used
to stay at USA as well in India and frequently flying to other counties. The defendant No.1 is a
company, registered under the Companies Act, 1956 and has been carrying on hospital
business under the name of ‘Aroghya Hospitals’. The Defendant No.2 is the Managing Director
and has been representing and dealing the day to day business of the Defendant No.1
personally and thereby he is responsible for the conduct of business affairs of the Defendant
No.1.

3. I further submit that the Defendant No.2 and the other Directors of the Defendant No.1
have contacted the Plaintiff and his associates including me, and induced him to purchase
the Defendant No.1 company, which runs an hospital under the name of ‘Aroghya Hospital’ at
Ongole with a representation that the hospital is being run in a well organized manner and it
has got state of art equipment, other assets and that the Defendant No.1 is free from
encumbrances. The Plaintiff and his associates have believed such representations and
accordingly the Plaintiff paid on two occasions amounts of Rs.50 Lakhs each time through
RTGS on 25-01-2016 vide RTGS UTR [Link] 52016012500501203 and RTGS UTR
[Link] 52016012500501213 respectively, on 25-01-2016 and the said amounts were
transferred from the Plaintiff’s account maintained at Dhanalakshmi Bank Ltd., Chinakakani
branch and credited to the 1st Defendant’s current account bearing No.401900301000187 of
Vijaya Bank, Ongole. The Plaintiff has also paid further sum of Rs.30 lakhs on 11-03-2016 to
the Defendant No.1, totaling to Rs.1,30,00,000/- (Rupees One crore thirty lakhs only), towards
advance for sale consideration in respect of the sale of the 1 st Defendant’s business, and the
same was acknowledged by the Defendant No.2 for and on behalf of the Defendant No.1. The
Defendant No.2, being the Managing Director of the Defendant No.1, has acknowledged the
receipt of above mentioned payments of Rs.1,30,00,000/- (Rupees one crore thirty lakhs only)
in the letter addressed to the Plaintiff herein.

4. I further submit that subsequently, the plaintiff came to know that the Defendant No.1 is
not managing the hospital business in a well organized manner and that it incurred huge debts
to its creditors and that the Defendants played fraud on the Plaintiff and induced to part with the
above huge amounts. In these circumstances, the Plaintiff cancelled and concluded the
proposal to purchase the hospital and business of the Defendant No.1 duly expressing his
attention and accordingly demanded for repayment of the amount paid by the Plaintiff as
advance sale consideration.

5. I further submit that the Defendant No.2, being the Managing Director of the Defendant
No.1 addressed a letter to the Plaintiff confirming the cancellation of the proposed sale and
unconditionally undertook to pay back the entire amount. Subsequently on 13-06-2016, the
Defendants addressed another letter Dt.13-06-2016, engrossed on a non judicial stamp paper
worth of Rs.100/-, duly acknowledging the receipt of the above mentioned amount and they
further undertook and reconfirmed that the amount will be repaid in short time since the sale
proposal was mutually cancelled. While the matter stood thus, the Plaintiff has noticed a
publication in local newspaper of Prakasam District Dt.23-08-2016 purportedly on behalf of one
M/[Link] Institute of Medical Sciences Ltd., stating that they are going to take over the
Defendant No.1 company and called for objections. As the Plaintiff is an interested party, sent
their objections Dt. 29-08-2016, but invain. As the agreement was cancelled and concluded in
between the Plaintiff and the Defendants, the relationship in between the Plaintiff and the
Defendants is turned as ‘creditor and debtor relationship’ and the Defendants being debtors
made themselves liable to repay the advance sale consideration forthwith along with accrued
interest to the Plaintiff. Thus, the Plaintiff reserved his right to initiate appropriate legal
proceedings against the Defendants and against other necessary persons, in accordance with
the provisions of the Companies Act, 1956/2013, without prejudice to their rights and remedies
in recovering the suit amount, including winding up of the Defendant No.1 Company as per
provisions of Section 433(e) of the Companies Act, 1956 for its inability to pay debts. As the
Defendants have received the said amount for sale of the hospital as well as business of the
Defendant No.1, the Defendant No.1 as well as the Defendant No.2, who dealt the transaction
personally and who made promise and assurance, and who violated several provisions of Law
and who undertook to repay the amount payable to the Plaintiff and being the Managing
Director of the Defendant No.1, the Defendant No.2 is also made himself personally liable to
pay the suit amount to the Plaintiff. Thus, the liability of the Defendant No.2 is joint, several and
co-extensive with that of the Defendant No.1. As the Defendants have utilized the said amount
of Rs.1,30,00,000/- (Rupees one crore thirty lakhs only) for its business, the defendants are
liable to pay interest @ 24% p.a. till the date of realization.

6. I further submit that in spite of the demands made by the Plaintiff and on their behalf
including me, the defendants failed to repay the advance amounts on some pretext or other.
As such, the Plaintiff got issued a legal notice Dt.10-09-2016 to the Defendants as well as to
the said M/[Link] Institute of Medical Sciences Ltd., demanding for repayment of the amount
of Rs.1,30,00,000/- (Rupees one crore thirty lakhs only) along with interest @ 24% p.a. as the
transaction is in commercial nature and as per public policy, but they remained silent. The
Defendants are not entitled for any relief under any Debt Relief Enactments. Further, the
defendants are making attempts to screen away the valuable movable and immovable
properties beyond the reach of their creditors including the plaintiff, collusively.

7. I further submit that the defendant is about to dispose off the petition schedule
properties with intend to obstruct or delay the execution of the Decree that may be passed in
favour of the Plaintiff. The defendants contacting broakers so as to alienate the schedule
properties in favour of the others and they are trying to escape from the local limits of the
jurisdiction of the Hon’ble court. Unless the Hon’ble court attaches the petition schedule
property, the plaintiff may not be in a position to record full satisfaction of his claim. The plaintiff
also learnt that the defendant filed collusive suits in regard to the petition schedule property so
as to avoid payment of the amount to him under the suit claim. Thus it is just and necessary to
pass an order of conditional attachment of the petition schedule properties to meets ends of
justice. The plaintiff has got strong and prima facie case to succeed in the suit.

8. Therefore, I pray that the Hon’ble Court may be pleased to order conditional attachment of
the petition schedule properties in failure of the defendants in furnishing the security for the suit
amount in the interests of justice and equity. Else, the plaintiff will be put to serious loss and
hardship.

Filed by: Be pleased to consider,

Advocate for plaintiff Deponent

Solemnly affirmed and signed before me on this day of December, 2016 at Guntur.

ADVOCATE

IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. of 2016 in [Link]. OF 2016
Between:

Dr. Appa Rao Mukkamala,

S/[Link] Rao, Hindu, aged 73 years,
Medical Profession,
President, NRI Academy of Sciences,
Staff quarters, Chinakakani, Mangalagiri
Mandal, Guntur District, represented by his
GPA-holder Mr. Kavuru Krishna Prasad,
S/o Appaiah, Hindu, aged 47 years,
resident of No. 405, Sri Balaji Fortune Towers,
Opp: Autonagar, Managalagiri. …. Petitioner/Plaintiff

and
1. M/s. Ongole Aroghya Hospitals Pvt. Ltd.,
Represented by its Managing Director
# 37-1-169/59, Kurnool Road,
Ongole - 523 001, Andhra Pradesh.

2. [Link] Anjaneyulu,
father’s name not known, Hindu, aged
about 55 years, Medical profession,
# 37-1-169/59, Kurnool Road,
Ongole – 523 001, Andhra Pradesh. … Respondents/Defendants

PETITION FILE D ON BEHALF OF THE PETITIONER/ PLAINTIFF UNDER ORDER

38 RULE 5 AND SECTION 151 OF CPC:

For the reasons stated in the accompanying affidavit the petitioner pray

that the Hon’ble Court may be pleased to pleased to order conditional attachment of the

petition schedule properties in failure of the defendants in furnishing the security for the

suit amount in the interests of justice and equity.

Be pleased to consider,

Guntur,
Dt. Advocate for the Petitioner/
Plaintiff

IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
[Link] his GPA holder
Kavuru Krishna Prasad …. Petitioner/Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director

2. [Link] Anjaneyulu …. Respondent/Defendant

PETITION ‘A’ SCHEDULE FILED ON BEHALFOF THE PETITIONER/PLAINTIFF

Property situated at [Link].392/1N at Throvagunta, Prakasam District, being bounded

by:

East : Sudanagunta Subbulu and others land

South : Sudanagunta Seethamma and others land

West : Sudanagunta Punnaiah land

North : Land in Survey No.392/1J

Within the said boundaries an extent of 1210 [Link] of site along with easement rights

Approximate value: Rs.10,89,000/-

Filed by: Be Pleased to consider,

Advocate for Petitioner/Plaintiff Petitioner/Plaintiff

Facts stated above are all true and correct to the best of my knowledge, belief and
information.

Guntur,
Dt. Petitioner/Plaintiff.
 IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
[Link] his GPA holder
Kavuru Krishna Prasad …. Petitioner/Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director

2. [Link] Anjaneyulu …. Respondent/Defendant

PETITION ‘B’ SCHEDULE FILED ON BEHALFOF THE PETITIONER/PLAINTIFF

Property situated at [Link].153/1, 153/3A at Mukthinuthalapadu, Prakasam District,

being bounded by:

East : Manne Gopichand, Bellam Chenchu Rama Naidu,

Samanthula Koti reddy land

South : Sudanagunta Narayana Rao and others land

West : Donka (Road)

North : Remaining land of executor

Within the said boundaries an extent of 6534 [Link] of site along with easement rights

Approximate value : Rs.64,68,660/-

Filed by: Be Pleased to consider,

Advocate for Petitioner/Plaintiff Petitioner/Plaintiff

Facts stated above are all true and correct to the best of my knowledge, belief and
information.

Guntur,
Dt. Petitioner/Plaintiff.

IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
[Link] his GPA holder
Kavuru Krishna Prasad …. Petitioner/Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director

2. [Link] Anjaneyulu …. Respondents/Defendants

PETITION ‘C’ SCHEDULE FILED ON BEHALFOF THE PETITIONER/PLAINTIFF

Property situated at [Link].392/1I at Throvagunta, Prakasam District, being bounded

by:

East : Sudanagunta Subbulu and others land

South : Sudanagunta Adiseshaiah sold to others land in

survey No.392/1H

West : Pathapati Narasimham sold to others land in

Survey No.392/1G

North : Donka

Within the said boundaries an extent of 3097.6 [Link] of site along with easement rights
Approximate value : Rs.55,75,680/-

Filed by: Be Pleased to consider,

Advocate for Petitioner/Plaintiff Petitioner/Plaintiff

Facts stated above are all true and correct to the best of my knowledge, belief and
information.

Guntur,
Dt. Petitioner/Plaintiff.

IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
[Link] his GPA holder
Kavuru Krishna Prasad …. Petitioner/Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director

2. [Link] Anjaneyulu …. Respondents/Defendants

PETITION ‘D’ SCHEDULE FILED ON BEHALFOF THE PETITIONER/PLAINTIFF

Property situated at [Link].392/1K at Throvagunta, Prakasam District, being bounded

by:

East : Sudanagunta Subbulu and Clais Land

South : Sudanagunta Subbulu and others and Clais land

West : Suvey No.392/1J and Vagu

North : Vagu

Within the said boundaries an extent of 629.2 [Link] of site along with easement rights

Approximate value : Rs.5,66,280/-

Filed by: Be Pleased to consider,

Advocate for Petitioner/Plaintiff Petitioner/Plaintiff

Facts stated above are all true and correct to the best of my knowledge, belief and
information.

Guntur,
Dt. Petitioner/Plaintiff.

IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
[Link] his GPA holder
Kavuru Krishna Prasad …. Petitioner/Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director

2. [Link] Anjaneyulu …. Respondents/Defendants

PETITION ‘E’ SCHEDULE FILED ON BEHALFOF THE PETITIONER/PLAINTIFF
Item No1. :
Property situated at [Link].392/1M at Throvagunta, Prakasam District, being bounded
by:
East : Donka

South : Sudanagunta Seethamma sold to others land

West : Ongole Arogya Hospital (P) Ltd., land

North : Sudanagunta Anjaiah, [Link] Rao and Clais

Within the said boundaries an extent of 1355.20 [Link] of site along with easement
rights

Approximate value : Rs.12,19,680/-

Item No2. :
Property situated at [Link].392/1L at Throvagunta, Prakasam District, being bounded
by:
East : Donka

South : Sudanagunta Anjaiah, Clais’s land

West : Ongole Arogya Hospital (P) Ltd., land

North : Vagu, Mundluri Venkateswarlu land

Within the said boundaries an extent of 1355.20 [Link] of site along with easement
rights

Approximate value : Rs.4,35,600/-

Filed by: Be Pleased to consider,

Advocate for Petitioner/Plaintiff Petitioner/Plaintiff

Facts stated above are all true and correct to the best of my knowledge, belief and
information.

Guntur,
Dt. Petitioner/Plaintiff.
IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
Represented by his GPA holder
Kavuru Krishna Prasad …. Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director
Ongole.

2. [Link] Anjaneyulu …. Defendants

SUPPORTING AFFIDAVIT FILED ON BEHALF OF THE PLAINTIFF U/S.139 OF CPC:

I, Kavuru Krishna Prasad, S/o Appaiah, Hindu, aged 47 years, working as an ‘Officer on
Special Duty’ (OSD) for NRI Hospital at Chinakakani, resident of No. 405, Sri Balaji Fortune
Towers, Opp: Autonagar, Managalagiri, do hereby solemnly affirm and state on oath as follows:

1. I submit that I am the GPA holder of the Plaintiff and I know the facts of the case. I am
having personal knowledge about the facts of the case.
1.

2. I submit that the Plaintiff is a Medical Practitioner and he is currently serving as President,
NRI Academy of Sciences, Chinakakani, Mangalagiri Mandal, Guntur District, A.P. The Plaintiff
is a Radiologist having business at Michigan, 48439, USA. The Plaintiff used to stay at USA
as well in India and frequently flying to other counties. The defendant No.1 is a company,
registered under the Companies Act, 1956 and has been carrying on hospital business under
the name of ‘Aroghya Hospitals’. The Defendant No.2 is the Managing Director and has been
representing and dealing the day to day business of the Defendant No.1 personally and thereby
he is responsible for the conduct of business affairs of the Defendant No.1.

3. I further submit that the Defendant No.2 and the other Directors of the Defendant No.1
have contacted the Plaintiff and his associates including me, and induced him to purchase
the Defendant No.1 company, which runs an hospital under the name of ‘Aroghya Hospital’ at
Ongole with a representation that the hospital is being run in a well organized manner and it
has got state of art equipment, other assets and that the Defendant No.1 is free from
encumbrances. The Plaintiff and his associates have believed such representations and
accordingly the Plaintiff paid on two occasions amounts of Rs.50 Lakhs each time through
RTGS on 25-01-2016 vide RTGS UTR [Link] 52016012500501203 and RTGS UTR
[Link] 52016012500501213 respectively, on 25-01-2016 and the said amounts were
transferred from the Plaintiff’s account maintained at Dhanalakshmi Bank Ltd., Chinakakani
branch and credited to the 1st Defendant’s current account bearing No.401900301000187 of
Vijaya Bank, Ongole. The Plaintiff has also paid further sum of Rs.30 lakhs on 11-03-2016 to
the Defendant No.1, totaling to Rs.1,30,00,000/- (Rupees One crore thirty lakhs only), towards
advance for sale consideration in respect of the sale of the 1 st Defendant’s business, and the
same was acknowledged by the Defendant No.2 for and on behalf of the Defendant No.1. The
Defendant No.2, being the Managing Director of the Defendant No.1, has acknowledged the
receipt of above mentioned payments of Rs.1,30,00,000/- (Rupees one crore thirty lakhs only)
in the letter addressed to the Plaintiff herein.

4. I further submit that subsequently, the plaintiff came to know that the Defendant No.1 is
not managing the hospital business in a well organized manner and that it incurred huge debts
to its creditors and that the Defendants played fraud on the Plaintiff and induced to part with the
above huge amounts. In these circumstances, the Plaintiff cancelled and concluded the
proposal to purchase the hospital and business of the Defendant No.1 duly expressing his
attention and accordingly demanded for repayment of the amount paid by the Plaintiff as
advance sale consideration.

5. I further submit that the Defendant No.2, being the Managing Director of the Defendant
No.1 addressed a letter to the Plaintiff confirming the cancellation of the proposed sale and
unconditionally undertook to pay back the entire amount. Subsequently on 13-06-2016, the
Defendants addressed another letter Dt.13-06-2016, engrossed on a non judicial stamp paper
worth of Rs.100/-, duly acknowledging the receipt of the above mentioned amount and they
further undertook and reconfirmed that the amount will be repaid in short time since the sale
proposal was mutually cancelled. While the matter stood thus, the Plaintiff has noticed a
publication in local newspaper of Prakasam District Dt.23-08-2016 purportedly on behalf of one
M/[Link] Institute of Medical Sciences Ltd., stating that they are going to take over the
Defendant No.1 company and called for objections. As the Plaintiff is an interested party, sent
their objections Dt. 29-08-2016, but invain. As the agreement was cancelled and concluded in
between the Plaintiff and the Defendants, the relationship in between the Plaintiff and the
Defendants is turned as ‘creditor and debtor relationship’ and the Defendants being debtors
made themselves liable to repay the advance sale consideration forthwith along with accrued
interest to the Plaintiff. Thus, the Plaintiff reserved his right to initiate appropriate legal
proceedings against the Defendants and against other necessary persons, in accordance with
the provisions of the Companies Act, 1956/2013, without prejudice to their rights and remedies
in recovering the suit amount, including winding up of the Defendant No.1 Company as per
provisions of Section 433(e) of the Companies Act, 1956 for its inability to pay debts. As the
Defendants have received the said amount for sale of the hospital as well as business of the
Defendant No.1, the Defendant No.1 as well as the Defendant No.2, who dealt the transaction
personally and who made promise and assurance, and who violated several provisions of Law
and who undertook to repay the amount payable to the Plaintiff and being the Managing
Director of the Defendant No.1, the Defendant No.2 is also made himself personally liable to
pay the suit amount to the Plaintiff. Thus, the liability of the Defendant No.2 is joint, several and
co-extensive with that of the Defendant No.1. As the Defendants have utilized the said amount
of Rs.1,30,00,000/- (Rupees one crore thirty lakhs only) for its business, the defendants are
liable to pay interest @ 24% p.a. till the date of realization.

6. I further submit that in spite of the demands made by the Plaintiff and on their behalf
including me, the defendants failed to repay the advance amounts on some pretext or other.
As such, the Plaintiff got issued a legal notice Dt.10-09-2016 to the Defendants as well as to
the said M/[Link] Institute of Medical Sciences Ltd., demanding for repayment of the amount
of Rs.1,30,00,000/- (Rupees one crore thirty lakhs only) along with interest @ 24% p.a. as the
transaction is in commercial nature and as per public policy, but they remained silent. The
Defendants are not entitled for any relief under any Debt Relief Enactments. The following
documents may be marked on behalf of the Plaintiff.

1. Dt. : Statement of account of the plaintiff showing

the transactions under RTGS UTR
[Link] 52016012500501203 & RTGS
UTR No. DLXBR 52016012500501213

2. Dt.11-03-2016 : Receipt for Rs.30 lakhs executed by the

defendant No.1

3. Dt.13-06-2016 : Letter addressed by the defendants

acknowledging to pay back the entire amount
to the plaintiff

4. Dt.23-08-2016 : Publication in local news paper of Prakasam

District got published by M/[Link] Institute
of Medical Sciences Ltd.,

5. Dt.29-08-2016 : Objections sent by the plaintiff for the above

6. Dt.10-09-2016 : Legal notice got issued by the plaintiff to the
defendants

7. Dt.19-09-2016 : Postal acknowledgment of the defendant No.1

8. Dt.19-09-2016 : Postal acknowledgement of the defendant No.2

9. Dt. : General Power of Attorney executed by the

plaintiff in favour of Kavuru Krishna Prasad.

7. Therefore, I pray that the Hon’ble Court may be pleased to pass a Decree and
Judgment in favour of the Plaintiff and against the defendants as prayed in suit in the
interests of justice and equity.
Filed by: Be pleased to consider,

Advocate for Plaintiff Deponent

Solemnly affirmed and signed before me on this the day of December, 2016 at
Guntur.

ADVOCATE
IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
Represented by his GPA holder
Kavuru Krishna Prasad …. Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director
Ongole.

2. [Link] Anjaneyulu …. Defendants

AFFIDAVIT FILED ON BEHALF OF THE PLAINTIFF UNDER ORDER 6 RULE 15 (4)

AND SEC.139 OF CPC:
I, Kavuru Krishna Prasad, S/o Appaiah, Hindu, aged 47 years, working as an ‘Officer on
Special Duty’ (OSD) for NRI Hospital at Chinakakani, resident of No. 405, Sri Balaji Fortune
Towers, Opp: Autonagar, Managalagiri, do hereby solemnly affirm and state on oath as follows:

1. I submit that I am the GPA holder of the Plaintiff and I know the facts of the case. I am
having personal knowledge about the facts of the case.

2. I submit that I crave leave of the Hon’ble Court to read the plaint as part of this
affidavit. I instructed my counsel to prepare plaint in the above suit on behalf of the
plaintiff. My counsel prepared plaint in the above case as per my instructions. I have
gone through the contents of the suit and the contents of the same are in accordance
with my instructions, accordingly affixed my signature in the plaint. I sworn this
affidavit as per Order 6 Rule 15(4) of C.P.C. The same may be recorded in the
interests of justice and equity.

Filed by: Be pleased to consider,

Advocate for Plaintiff Deponent

Solemnly affirmed and signed before me on this day of December, 2016 at Guntur.

ADVOCATE

IN THE COURT OF THE HON’BLE DISTRICT JUDGE AT GUNTUR

[Link]. OF 2016
Between:
Dr. Appa Rao Mukkamala
Represented by his GPA holder
Kavuru Krishna Prasad …. Plaintiff

and
1. M/s. Ongole Aroghya Hospitals [Link].,
Represented by its Managing Director
Ongole.

2. [Link] Anjaneyulu …. Defendants

STATEMENT OF ADDRESS FILED ON BEHALF OF THE PLAINTIFF

DESCRIPTION OF THE PLAINTIFF

Dr. Appa Rao Mukkamala, S/[Link] Rao, Hindu, aged 73 years, Medical
Profession, President, NRI Academy of Sciences, Staff quarters, Chinakakani,
Mangalagiri Mandal, Guntur District, Andhra Pradesh, represented by his GPA-
holder Mr. Kavuru Krishna Prasad, S/o Appaiah, Hindu, aged 47 years, resident
of No. 405, Sri Balaji Fortune Towers, Opp: Autonagar, Managalagiri,
Mangalagiri J.C.J.C.
DESCRIPTION OF THE DEFENDANTS :

1. M/s. Ongole Aroghya Hospitals Pvt. Ltd., Represented by its Managing

Director # 37-1-169/59, Kurnool Road, Ongole - 523 001, Andhra
Pradesh, Ongole J.C.J.C.

2. [Link] Anjaneyulu, father’s name not known, Hindu, aged about 55

years, Medical profession, # 37-1-169/59, Kurnool Road, Ongole –
523 001, Andhra Pradesh, Ongole J.C.J.C.
Be Pleased to consider

Filed by

Advocate for plaintiff Plaintiff

Facts stated in the above paragraphs are all true and correct to the best of my
knowledge, belief and information.

Guntur,
Date: Plaintiff