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2025 DAILYLAW 11512 (AP)

KOLLI RAVI VARA PRASAD v. KARUR VYSYA BANK LIMITED

WP/7095/2025 · 2025-03-20

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 7095 OF 2025 Between: Kolli Ravi Vara Prasad, S/o Late Sri. K. Tata Rao Aged about 47 years R/o H.No. 27-03-40, Old ward No.1, New Ward No.3, Karnam vari veedhi, Bhimavaram, West Godavari District, Andhra Pradesh. Kolli Srinivas, S/o Late Sri. K. Tata Rao, Aged about 43 years R/o H.No. 27-03-40, Old ward No.1, New Ward No.3, Karnam vari veedhi, Bhimavaram, West Godavari District, Andhra Pradesh. 1. 2. ...Petitioners AND Karur Vysya Bank Limited, Rep. by its Authorized Officer, H.No. 22-15- 91, 0pp. MRO Office, Main Road, Bhimavaram, West Godavari, Andhra Pradesh The Debt Recovery Tribunal, Rep. by its Registrar, D.No 31-32-54, Chitralaya Road, Near Leela Mahal Road, Daba Gardens Visakhapatnam, Andhra Pradesh. 1. 2. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus or any other writ by declaring the inaction of the 2nd respondent in not deciding the I.A. No. 640 of 2025 in SA No. 111 of 2025 and the action of the 1st respondent / bank in making attempts to sell the petitioners residential house bearing H.No.27-03-40, Old Ward No.l, New Ward No.3, Karnam Vari Veedhi, Bhimavaram, West Godavari District invoking the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and rules framed there under and in issuing advance sale notice dated 04.03.2025 through paper publication pending the proceedings before 2nd respondent as wholly illegal, arbitrary, unjust, untenable, contrary of Principles of Natural Justice, provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and rules framed there under besides being violative of Article 14, 21 and 300-A of Constitution of India and consequently direct the 1st respondent to not to take possession of the mortgaged property, not to conduct the auction of the property, till the I.A. No. 640 in SA No. Ill of 2025 before the Honourable Debt Recovery Tribunal, Visakhapatnam is decided. 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 direct the 1®* respondent to not to take any coercive steps including taking possession of the subject property pursuant to advance sale notice dated 04.03.2025 till the I.A No. 640 in SA No. Ill of 2025 before the 2^^^ respondent is decided. Counsel for the Petitioners: SRI GOLI G.V.S. SAI FOR M/S CKR ASSOCIATES Counsel for the Respondents: - The Court made the following order: i.. Bench Sr.No:-16 [3446] APHC010133372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0A7 WRIT PETITION NO; 7095 of 2025 ...Petitioners Kolli Ravi Vara Prasad and another Vs. ...Respondents Karur Vysya Bank Limited and another ********** Mr. Goli G.V.S. Sai for CKR ASSOCIATES Advocate for Petitioner Advocate for Respondent CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICER RAGHUNANDANRAO DATE : 20th March 2025 PC : Learned counsel for the petitioners states that even when Securitization Application bearing No. 111 of 2025 has been filed before the Debts Recovery Tribunal along with I.A.No.640 of 2025, the said LA. has not been considered granting interim protection. We dispose of this Writ Petition with a direction to pass appropriate orders preferably within a period of six (6) weeks. Till such time the appropriate orders are passed, status quo be maintained with regard to the property in question. No costs. d 2 Consequently, connected miscellaneous applications, if any, shall stand r closed. Sd/- A.VUAYA BABU assistant registrar //TRUE COPY// tON OFFICER SE To Bank Limited, H.No. 22-15-91, West Godavari, Andhra ^ yhe Authorized Officer, Karur Vysya 0pp. MRO Office, Main Road, Bhimavaram Pradesh Tribunal, D.No 31-32-54, Chitralaya Daba Gardens Visakhapatnam, Andhra 2. The Registrar, Debt Recovery Road, Near Leela Mahal Road Pradesh. M/s. CKR Associates [OPUC] 3. OneCCto 4. Three CD Copies GSC / HIGH COURT DATED:20/03/2025 ORDER WP.No.7095 of 2025 g 29 MAR 2025 ? ^ . Current Section .«9, DISPOSING OF THE WP WITHOUT COSTS