IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARC TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 8000 OF 2025 Between: Komal Agarwal, D/o. Shankarlal Agarwal, W/o. Deepak Bansal, aged 43 years, Occ: Housewife, R/o. S.V.Basant Apartment Kachiguda, Hyderabad. ...PETITIONER AND 1. The Union of India, Ministry of Finance, Rep by its Principal Secretary, New Delhi. 2. The State Bank of India, Rep by Authorized Officer, Stressed Assets, Management Branch-ll, Kacheguda, Hyderabad. 3. The Authorized Officer and Chief Manager, State bank of India, SME Branch, 3 Floor, Above Westside, Hyderabad. 4. The Debt Recovery Tribunal, Rep by its Presiding Officer, Daba Gardens, Visakhapatnam. ...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 a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the auction of the property vide 7490 Sq Yards in Plot No. 2, AIE, Sy No. 75 and 125 Yards Peddaganteyadda, Gajuwaka, Visakhapatnam, in regard to accounts vide numbers CC- 30021764606, CCECL- 39338887557, GFCL- 39892767643, SLC GST (IND)- 39513841705, FITL- 39607401462 and FLC/LC- 323763852, vide auction notice dated 27.03.2025, as illegal arbitrary and against the principles of natural justice, and consequently, stay the proposed auction sohfeduied on 27.03.2025 which was subject property in SA No. 194 of 2624;Qh^fie file of DRT Visakhapatnam. ■f 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 the proposed auction scheduled to be held on 27.03.2025 in respect of the property vide 7490 Sq Yards in Plot No. 2, AIE, Sy No. 75 & 125 Yards Peddaganteyadda, Gajuwaka, Visakhapatnam, in regard to accounts vide numbers CC:30021764606 , CCECL: 39338887557, GFCL: 39892767643, SLC GST (IND): 39513841705, FITL: 39607401462 and FLC/LC: 323763852 till the SA No. 194 of 2024 on the file of DRT Visakhapatnam is adjudicated on merits, pending disposal of the above writ petition. Counsel for the Petitioner : SRI P. RAMA SHARANA SHARMA Counsel for the Respondent No.1 : SRI P. PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 & 3 : SRI S.SATYA NARAYANA MOORTHY, SC FOR SBI Counsel for the Respondent No.4 : NONE APPEARED The Court made the following: ORDER APHC010157572025 Bench Sr.No:-19 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 8000 of 2025 Komal Agarwal ...Petitioner Vs. The Union of India and others ...Respondents ifie’k’kieic'kif’k'k Advocate for Petitioner Mr. P. Rama Sharana Sharma Advocates for Respondents : Mr. S. Satyanarayana Moorthy CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 27th March 2025 PC : After arguing for some time, learned counsel for the petitioner states that even when the petitioner has preferred Securitization Application bearing No. 194 of 2024, which is pending before the Debts Recovery Tribunal, Visakhapatnam, and even when it is accompanied by an Interlocutory Application bearing No. 1039 of 2024 seeking interim protection, no orders have been passed on that since 16.04.2024. It is also not denied that the physical possession of the property in question in which the petitioner claims to have vested right has since been taken over by the State Bank of India on 20.02.2024. 2. Be that as it may, we dispose of this petition with a direction to the Debts Recovery Tribunal to pass appropriate orders on I.A. filed by the 2 HCJ & RRRJ W.P.No.8000of2025 petitioner by way of a speaking order within a period of six (6) weeks. In the mean time, while the Bank may proceed with the auction process, the same be not confirmed till appropriate orders are passed in Interlocutory Application. If there is any deliberate delay caused by the petitioner, it will be open to the Debts Recovery Tribunal to pass appropriate orders. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, 1. The Principal Secretary, Union of India, Ministry of Finance, New Delhi. 2. The Authorized Officer, State Bank of India, Stressed Assets Management Branch-ll, Kacheguda, Hyderabad. 3. The Authorized Officer and Chief Manager, State bank of India, SME Branch, 3° Floor, Above Westside, Hyderabad. 4. The Presiding Officer, Debt Recovery Tribunal, Daba Gardens Visakhapatnam. 5. One CC to Sri P. Rama Sharana Sharma, Advocate [OPUC] 6. One CC to Sri P.Ponna Rao, Deputy Solicitor General of India (OPUC) 7. One CC to Sri S. Satyanarayana Moorthy, SC for SBI [OPUC] 8. Three C.D. Copies. Cnr HIGH COURT DATED:27/03/2025 ORDER oTanSh^ 0 2 WP.No.8000 of 2025 (5 Uutieni io.espKTC'^ DISPOSING OF THE W.P. WITHOUT COSTS