t I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8451 OF 2025 Between: 1. Sri Sal Manikanta Welding Institute and Works, Rep. by its Proprietor, Kolii Veera Vinod Babu, S/o. Venkata Rana Reddy, aged about 50 years, R/o. D.No. 5-15-48 Reddi Tunglam, 59*'^ Ward, BHPVpost, Peda Gantyada, GVMC Limits, Visakhapatnam, Visakhapatnam District. 2. Kolli Veera Vinod Babu, S/o. Kolli Venkata Rana Reddy, S/o. aged about 50 years, R/o. D.No. 5-15-48, Reddi Tunglam, 59th Ward, BHPV Post, Peda Gantyada, GVMC Limits, Visakhapatnam, Visakhapatnam District. 3. Varalaxmi Kolli, W/o. Veera Vinod Babu, aged about 45 years, R/o. D.No. 5-15-48 Reddi Tunglam, 59th Ward, BHPV Post, Peda Gantyada, GVMC Limits, Visakhapatnam, Visakhapatnam District ...Petitioners AND 1. The Union of India, represented by Secretary, Department of Financial Services, Ministry of Finance, Jeevan Deep Building, Sanad Marg, New Delhi-110001. 2. The Debt Recovery Tribunal, , Rep. by its Registrar, Chitralaya Road, Near Leela Mahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh. 3. Branch Manager, , Cholamandalam Investment, And Finance Company Ltd., Ground Floor, Akshaya Amity, R/o. D.No. 50-57-2, Rajendra Nagar, Visakhapatnam District- 530002. 4. The Authorized Officer/AGM, Cholamandalam Investment, And Finance Company Ltd., Chola Crest, C54-55 Super B-4, Thiru-Vi-Ka Industrial Estate, Guinday, Chennai-600032. ...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 in WRIT of MANDAMUS to declaring the action of the 2nd Respondent in not deciding my stay application filed in S.A.No. 184 of 2025 and the action of the 3*^^ respondent in making attempts to take over the possession of my property RCC Building bearing its D.No. 5-15-5, old Asst. No. 1088009244 New Asst. No. 1086350862 covered by Sy.No. 93 of Tunglam village and GVMC limits, Gajuwaka, Visakhapatnam in CrI.M.P.No. 15 of 2025 through Commissioner by issuing Memo/notice dt. 11-03-2025 as illegal, irregular, irrational and against principal of natural justice, violative of provisions of the securitization and reconstruction of Financial assets and Enforcement of Security Interest Act, 2002 and rules framed thereunder and offends articles 14, 21 and 300- A of Constitution of India and consequently direct the 2"'^ Respondent to decide the stay application filed by the petitioners in S.A.No. 184 of 2025 thereby directing the 3"'^ respondent not to dispossess the petitioners from their secured assets, pending disposal of stay application in SA.No 184 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 petition, the High Court may be pleased to direct the Respondents not to interfere with possession of petitioners over the secured assets in the application filed by the petitioners in SA.No. 184 of 2025 on the file of 2'^'^ respondent pending disposal of the stay application filed therein pending disposal of the main Writ Petition. lA NO: 2 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 receive to the documents which are proceedings of Debt * Recovery Tribunal, Visakhapatnam, issued notice, dated 04-04-2025 in S.A. No. 184 of 2025, in the interest of justice, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI REDDY VENKATA RAMANA Counsel for the Respondents: The Court made the following order: ¥ APHC010161642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No;- LM-1 [3483] WRIT PETITION NO: 8451 of 2025 Sri Sai Manikanta Welding Institute and Works and others ...Petitioners Vs. The Union of India and others ...Respondents ********** Advocate for Petitioners: Mr. Reddy Venkata Ramana Advocate for Respondents: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 9*'’ May, 2025. DATE 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 12.06.2025. It is stated that the Tribunal did not at all consider the prayer of the petitioners for grant of interim protection in the I.A. 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 the Interlocutory Application in S.A.No.184 of 2025, seeking interim relief, filed by the applicants positively the next date of hearing and pass appropriate orders. Till then, status quo be on 2 HCJ & RCJ WP_8451_2025 # maintained with regard to the possession of the petitioners. No order as to costs. Consequently, connected miscellaneous applications, if any, shall stand Sd/- K. TATA RAO deputy registrar dosed. //TRUE COPY// To, SECTION OFFICER The Secretary, Department of Financial Services, Ministry of Finance, Union of India, Jeevan Deep Building, Sanad Marg, New Delhi-110001. The Registrar, Debt Recovery Tribunal, Chitralaya Road, Near Leela Mahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh. The Branch Manager, Cholamandalam Investment, And Finance Company Ltd., Ground Floor, Akshaya Amity, R/o. D.No. 50-57-2, Rajendra Nagar, Visakhapatnam District- 530002. The Authorized Officer/AGM, Cholamandalam Investment, And Finance Company Ltd., Chola Crest, C54-55 Super B-4, Thiru-Vi-Ka Industrial Estate, Guinday, Chennai-600032. One CC to Sri Reddy Venkata Ramana, Advocate [OPUC' Two CD Copies 1. 2. 3. 4. 5. 6. RAM ■‘At.. HIGH COURT DATED:09/05/2025 ORDER o t 2 MAY 2025 ni WP.No.8451 of 2025 * DISPOSING OF THE WP WITHOUT COSTS