Dr KODE SASHI KIRAN v. THE AUTHORIZED OFFICER, MAXIMUS ARC LTD
WP/6249/2025 · 2025-03-11
Dhiraj Singh Thakur, Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10969 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10969 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6249 OF 2025 Between: Dr Kode Sashi Kiran, S/o. Kode Satya Prasad, Hindu, Aged 51 Years, Resident of Flat No. 21031 Floor No. 3, Tower No. 21, Prestige Lakeside Habitat, Varthur, Bengaluru, Karntaka - 560 087. ...Petitioner AND
1. The Authorized Officer, Maximus ARC Ltd., Corporate Office 302B, Jain Sadguru Images Capital Park, Image Garden Road, VIP Hills, Madhapur, Hyderabad - 500 081.
2. The Debt Recovery Tribunal, Rep by its Registrar, 31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, A.P-530020.
3. The Union Bank of India, Rep by its Chief Manager and Authorized Officer, D.No.3-28-24/7, Ground Floor, SVR Complex, Brundhavan Gardens Branch, Kundula Road, Guntur. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ,
order or direction may more
particularly one in the nature of Writ of Mandamus the inaction in passing orders in I.A. No.936 of 2025 in S.A.No. 150 of 2025 on the file of the 2nd respondent, which was filed against the sale notice dated 07.02.2025 for conduct of E-Auction scheduled to be held on 12.03.2025 by the 1st respondent to sell the lands admeasuring 380 sq.yds, 379 sq.yds, 1000 sq.yds and 1550 sq.yds (total 3309 sq.yds) which are situated vide T.S.No.37 ward no.5 block no.2 (Present block no12) near D.No. 12-11-1 near Manipuram Bridge, Old Club Road, Kothapeta, Guntur Town is bad, illegal, contrary to principles of natural justice consequentially to direct the 1st respondent not to conduct the E-Auction of the aforesaid mentioned property till the said I.A. No.936 of 2025 in S.A.No.150 of 2025 is decided before the Hon’ble DRT, Visakhapatnam.
lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of E-Auction notice dated 07.02.2025 issued by the 1st respondent so as to conduct E- Auction scheduled to be held on 12.03.2025 in respect of the properties admeasuring 380 sq.yds, 379 sq.yds,1000 sq.yds and 1550 sq.yds (total 3309 sq.yds) which are situated vide T.S.No.37 ward no.5 block no.2 (Present block no12) D.No. 12-11-1 near Manipuram Bridge, Old Club Road, Kothapeta Guntur Town, pending disposal of S.A.No. 150/2025 on the file of 2nd respondent. Counsel for the Petitioner: SMT. V HIMABINDU Counsel for the Respondent No.1: SRI PONNADA SREE WAS The Court made the following order:
<- APHC010125752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-LM 1 [3483] WRIT PETITION NO: 6249 of 2025 Dr. Kode Sashi Kiran ...Petitioner Vs. The Authorized Officer Maximus Arc. Ltd. and others ...Respondents ********** Advocate for Petitioner: Mr. V. Venugopal Rao, Id. Senior Counsel appearing vice Mr. V. Himabindu Mr. K.S. Murthy, Id. Senior Counsel appearing vice Mr. Ponnada Sree Vyas Advocate for Respondents;
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 11“’ March, 2025. DATE PC : Learned Senior Counsel for the petitioner states that even when an SA has been preferred before the Debts Recovery Tribunal, Visakhapatnam yesterday i.e. on 10.03.2025, in which notice has been issued and the matter is posted to 17.03.2025, no interim protection has been granted to the petitioner and in the meantime, it is stated that the property belonging to the petitioner is sought to be auctioned on 12.03.2025.
2. Be that as it may, we dispose of this writ petition with a direction to the Debts Recovery Tribunal, Visakhapatnam to pass appropriate orders in
> 2 HCJ & RCJ WP 6249 2025 I.A.No.936 of 2025 filed in S.A.No.150 of 2025 within a period of six (6) weeks from today. Until such time as appropriate orders are passed, while auction, which is proposed to be held in regard to the property in question may be carried forward, the same shall not be finalized and status quo be maintained with regard to the possession of the property in question. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed.
SRINIVASA RAJU ^S^STAm^EGISTRAR SEGTON OFFICER //TRUE COPY// To,
1. The Authorized Officer, Maximus ARC Ltd., Corporate Office 302B, Jain Sadguru Images Capital Park, Image Garden Road, VIP Hills, Madhapur, Hyderabad - 500 081.
2. The Registrar, Debt Recovery Tribunal, 31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, A.P-530020.
3. The Chief Manager and Authorized Officer, Union Bank of India, D.No.3-28-24/7, Ground Floor, SVR Complex, Brundhavan Gardens Branch, Kundula Road, Guntur.
4. One CC to Smt. V Himabindu Advocate [OPUC]
5. One CC to Sri. Ponnada Sree Vyas Advocate [OPUC]
6. Three CD Copies GSC
p HIGH COURT DATED:11/03/2025
ORDER WP.No.6249 of 2025 DISPOSING OF THE WP WITHOUT COSTS