IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7990 OF 2025 Between: 1. Smt. Padma Maddula, W/o. Prasanna Kumar Maddula, Resident of D.No. 13-30-6/1, Mamidivari Street, Near Main Road, Tadepalligudem, West Godavari District - 534101 2. Prasanna Kumar Maddula, S/o Sri Rama Murthy, Resident of D.No. 1330-6/1, Mamidivari Street, Near Main Road, Tadepalligudem, West Godavari District - 534101 3. Padma Prasanna Enterprises, Rep. by its Authorised Signatory, Smt. Padma Maddula, Resident of D.No. 1330-6/1, Mamidivari Street, Near Main Road, Tadepalligudem, West Godavari District - 534101. ...PETITIONERS AND 1. The Debt Recovery Tribunal, Rep.by its Chairman, Vishakapatnam District. 2. Authorized Officer, Cholamandalam Investment and Finance Company Ltd., Dare House, 2, NSC Bose Road, Parrys, Chennai - 600001. ...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 declaring the action of the respondents more particularly Respondent No.1 in not disposing of the Stay Application in I.A No. 954 of 2025 in S.A No. 157 of 2025 on the file of the 1®' Respondent inspite of the appointment of Advocate Commissioner for taking physical possession of the properties i.e.. Item No. 1 bearing D.No.9-1-60/12, Madras Terrace Shop and Site extent of 41 Sq Yards with assessment No.5285 of Tadepalligudem West Godavari District, Item No. 2 which is consisting of Joint Land and some part with Item No. 1 which is of 173.1/3 Sq Yards pursuant to the GrI.M.P No 579/2024 on the file of the Principal Civil Judge (Senior Division) cum Chief Judicial Magistrate Eluru, West Godavari District dated 26.03.2025 under the Provisions of SARFAESI Act. Which is highly illegal and arbitrary and violation of principals of natural justice and consequently direct the 1®' respondent to dispose the Stay Application in I.A. No. 954 of 2025 in S.A No. 157 of 2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay of all further proceedings including execution of warrant pursuant to the CrI.M.P No.579 of 2024, on the file of the Principal Civil Judge (Senior Division) cum Chief Judicial Magistrate Eluru, West Godavari District dated 26.03.2025 pending disposal of the main writ petition. Counsel for the Petitioners : SRI ELURU SESHA MAHESH BABU Counsel for the Respondents: — The Court made the following: ORDER Bench Sr.No:-1 [3483] APHC010151722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO; 7990 of 2025 ...Petitioners Smt. Padma Maddula and others Vs. ...Respondents The Debt Recovery Tribunal and another -k-k-k-k'k’k’k'k’k'k Mr. Eluru Sesha Mahesh Babu Advocate for Petitioners Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI ; 28‘^ March, 2025 DATE P C : Learned counsel for the petitioners states that an SA has been filed before the Debts Recovery Tribunal, Visakhapatnam in which notice was issued and the next date fixed is 04.04.2025. It is stated that the Tribunal did not at all consider the prayer of the petitioners for grant of interim protection in the lA that had been filed along with the S.A. 2 HG & RC, J WP 7990 2025 It is stated that till the matter is considered by the DRT on the application which is fixed now on 04.04.2025, the possession of the petitioners in regard to the secured asset be protected. Be that as it may, the Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to consider IA.No.954 of 2025 in SA.No.157 of 2025 filed by the applicants positively on the next date of hearing and pass appropriate orders with or without the objections. Till then, status quo shall be maintained with regard to the possession of the petitioners in regard to the secured asset. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Debt Recovery Tribunal, Vishakapatnam District. Officer, Cholamandalam Investment and Finance Company Ltd., Dare House, 2, NSC Bose Road, Parrys, Chennai - 600001. 3. One CC to Sri Eluru Sesha Mahesh Babu, Advocate [OPUC] 4. Three C.D. Copies. ,Cnr HIGH COURT DATED:28/03/2025 ORDER Jg 2 8 MAR 20?5 ^ . Currein Seetiors «3Y WP.No.7990 of 2025 Z DISPOSING OF THE W.P. WITHOUT COSTS