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2025 DAILYLAW 13389 (AP)

KAREM RAJENDRA PRASAD v. THE DEBTS RECOVERY TRIBUNAL

WP/8282/2025 · 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 SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8282 OF 2025 Between: 1. Karem Rajendra Prasad, S/o. Mychael Karem, Aged about 45 years, R/o. D.No.24-9-3/2, KSR Nagar, Ramachandrapuram, East Godavari District - 533255. 2. Karem Aruna Jyothi, W/o. Karem Rajendra Prasad, Aged about 42 years, R/o. D.N0.24-9-3/2, KSR Nagar, Ramachandrapuram, East Godavari District - 533255 ...PETITIONERS AND 1. The Debts Recovery Tribunal, Rep. by its Chairman, Visakhapatnam 2. JM Financial Home Loans Limited, Rep. by its Authorized Officer, 3 Floor, A-WingSuashish IT Park, Building B, C.T.S. No. 68-E, Rajendra Nagar, Off: Datlapada Road, Borivali (E) Mumbai - 400006 rd ...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 mostly one which is in the nature of a WRIT OF MANDAMUS declaring the action of the 1®* Respondent Tribunal (DRT) In adjourning the S.A.No.201/2025 by Order dated 26.03.2025 to 01-04-2025 without considering the Interlocutory Application in I.A.No.1220/2025 in S.A.No.201/2025 as illegal, arbitrary and violative of principles of natural justice and Articles 14, 19, 21 ✓' St and 300-A of the Constitution of India and consequently direct the 1 Respondent Tribunal to expedite the proceedings and dispose of the I.A.No.1220/2025 in S.A.No.201/2025by following due process of law and pass such 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 to direct the Respondents 2 and 3 not to interfere with the Petitioner property i.e. semi furnished RCC roof building with ground and first floors in an area of 133.33 sq.yds in Layout Plot No.41 out of layout land Ac.4-30 cents comprising of Ac.0-59 cents in full in R.S.No.374/3, Ac.1-95 cents in full in R.S.No.374/2, and Ac.1-76 cents in full in R.S.No.374/1, situated near Door No.3-66 in Kunchanapalli Revenue Village, within Kunchanapalli Gram Panchayat, within Tadepalligudem Mandai, within Sub Registrar of Tadepalligudem, West Godavari District pending disposal of the above Writ Petition. Counsel for the Petitioner: Mrs. SODUM ANVESHA Counsel for the Respondent Nos.1 & 2: The Court made the following: Bench Sr.No;-6 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010161862025 / 0^2 f WRIT PETITION NO; 8282 of 2025 ...Petitioners Karem Rajendra Prasad and another Vs. ...Respondents The Debts Recovery Tribunal and another ********** Ms. Sodum Anvesha Advocate for Petitioners Advocate for Respondents CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 28*'’ March, 2025 PC ; The petitioners claim that they had already approached the Debts Recovery Tribunal, Visakhapatnam by way of an SA in which the next date of hearing has been fixed on 01.04.2025. 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. We dispose of this Writ Petition with a direction to the Debts Recovery Tribunal, Visakhapatnam, to consider lA.No.1220 of 2025 in SA.No.201 of 2025 filed by the applicants positively on the next date of hearing and pass 2 HCJ & RC, J WP_8282_2025 appropriate orders. Till then, status quo be maintained with possession of the petitioners. No order as to costs. regard to the Miscellaneous applications pending, if any, shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Debts Recovery Tribunal Floor, 31-31-21, Sai Baba Street, Visakhapatnam- 530020. Visakhapatnam, Ground & 1 Narayan Bhawan, Dabagardens, St 2. The Authorized Officer, JM Finahcial A-Wing Suashish IT Park Home Loans Limited, 3'"^ Floor _,, S' C T S. No. 68-E, Rajendra Nagar Off Datlapada Road, Borivali (E) Mumbai - 400006. 3. One CC to Mrs. Sodum Anvesha, Advocate [OPUCJ 4. Three CD Copies. gi o' HIGH COURT DATED:28/03/2025 ORDER WP.No.8282 of 2025 ?IMA* 2025. ^ Current Seetion DISPOSING OF THE WRIT PETITION WITHOUT COSTS