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2025 DAILYLAW 12944 (AP)

SOMESWARA AGENCIES v. THE CHIEF BRANCH MANAGER

WP/8054/2025 · 2025-03-28

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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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 DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8054 OF 2025 Between: Someswara Agencies, Represented by its Proprietor, Shri M.Govardhan, S/o. Narayana, Aged about 49 years, Occ: Business, R/o D.No. 15/492. Gosha Hospital, ADONI- 518301 Kurnool District. ...PETITIONER AND 1. The Chief Branch Manager, Karnataka Bank, Rajshri Complex, Station Road Adoni, Kurnool District. 2. The Authorized Officer, Karnataka Bank Limited, Asset Recovery Management Branch, 1®‘floor. Plot No. 50, Srinagar Colony, Road No.3, Banjara Hills, Hyderabad - 500073. 3. Mittikiri Ramapullaiah, H.No. 9-171/2 Baba gardens. Lions Club colony. Arts college Road, Adoni - 518301, Kurnool District. 4. Dhoudheel Mahaboob Basha, S/o. Dheel Abdul basith, R/o. LIG 1/55 Kurnool, Kurnool District. ...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 one in the nature of Certiorari fied Mandamus to call for the entire records connected with the impugned order dt 26.02.2025 passed in IA.No.490/2025 in SA.No. 508/2024 on the file of HONBLE DEBT RECOVERY TRIBUNAL - II HYDERBAD and quash the same and further to declare the action of respondent No. 1 2 in issuing the sale certificate dt 15.03.2025 and f subsequent registration in favor of respondent No.3 4 by fraudulently undervaluing the property in violation of condition No.8 and 10 of the terms and conditions of sale notice dt 28.11.2024 and also in violation of the orders passed in IA.No.3710/2024 in SA.No. 508/2024 dt 22.01.2025 by the Tribunal as illegal, arbitrary and violative of Articles 21 and 300A of the Constitution of India and set aside the same, consequently grant 4 weeks time to the Petitioner to deposit the balance amount of Rs.2,70,10,000/- with interest and costs to the respondent bank. 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 stay all further proceedings including taking of possession of the property by the respondents pursuant to the impugned sale certificate dated 15.03.2025. Counsel for the Petitioner: SRI T.NEETU KUMAR FOR SMT. SRIDEVI JAMPANI Counsel for the Respondents: NONE APPEARED The Court made the following: ORDER f APHC010154022025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-2 [3483] AT AMARAVATI WRIT PETITION NO: 8054 of 2025 M/s. Someswara Agencies ...Petitioner Vs. The Chief Branch Manager and others ...Respondents ********** Advocate for Petitioner Mr. T. Neetu Kumar representing Mrs. Sridevi Jampani Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 28“^ March, 2025 DATE PC : 1. The present petition has been filed against the order, dated 26.02.2025 passed in IA.No.490 of 2025 in SA.No.508 of 2024 on the file of the Debts Recovery Tribunal-ll at Hyderabad whereby the request of the petitioner to extend the time limit prescribed in the order, dated 22.01.2025, has been rejected. It appears from the record that the DRT-II at Hyderabad ordered the petitioner to pay certain amounts in three installments. The petitioner appears to have paid the first installment and made a request for extension of time for the second installment which prayer has been rejected. 2. In our opinion, the order impugned can also be challenged in appropriate appeal proceedings before the appropriate forum. No interference ▼ 2 HCJ & RC, J WP 8054 2025 is warranted by this Court as the case does not fall under any of the exceptions carved out by the Apex Court in Radha Krishan Industries v. State of H.P. 1 The Writ Petition is, accordingly, dismissed. No order as to costs. 3. Miscellaneous applications pending, if any, shall stand closed. 2021 6 see 771 Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// S^TON OFFICER To, 1. One CC to Smt. Sridevi Jampani, Advocate [OPUC] 2. Three C.D. Copies. Cnr ✓ HIGH COURT DATED:28/03/2025 ORDER of ANO/y/;^ tV WP.No.8054 of 2025 0 3 AP3 ?0?5 li . Current Section .. DISMISSING THE W.P. WITHOUT COSTS