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2025 DAILYLAW 13420 (AP)

V AJAY PRATAP v. UNION BANK OF INDIA

WP/8552/2025 · 2025-04-03

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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APHC010162052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 8552 of 2025 Bench Sr.No:-7 [3446] V. Ajay Pratap and another ...Petitioners Vs. Union Bank of India and others ...Respondents ********** Advocate for Petitioners : Sri Ch. Srinivasa Raju Advocate for Respondents : Smt V. Dyumani CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 3rd April 2025 P C : In the earlier round of litigation, W.P.No.3626 of 2024 was filed in which a Coordinate Bench of this Court, by virtue of its order dated 12.02.2024, had ordered that no coercive steps be taken in regard to the subject properties subject to the petitioners depositing Rs.15,00,000/- within the prescribed period. 2. On 25.03.2025, the writ petition was disposed of based upon the statement made by the learned counsel for the parties that the matter before the Debts Recovery Tribunal-II, Hyderabad (for short, “the D.R.T.”) was posted for final hearing and the next date was fixed on 02.04.2025 and in that view of the matter, the interim order dated 12.02.2024 was made absolute and the parties were relegated to the D.R.T. for final hearing of the proceedings pending before it. 2 3. In the present writ petition bearing No.8552 of 2025, the petitioners allege that despite the orders having been made absolute, the Union Bank of India has issued an auction notice dated 11.03.2025 for conducting auction. It is stated that in view of the orders dated 12.02.2024 followed by the order dated 25.03.2025, no auction at all could have been conducted as the same would have amounted to coercive action by the respondent bank. 4. Be that as it may, in our opinion, the action of the respondent bank in putting the properties in question into auction by issuing the notice dated 11.03.2025 is unsustainable. 5. Learned counsel for the respondent Bank makes a statement that the same should be deemed to have withdrawn and that parties would await the outcome of the proceedings before the D.R.T. 6. In view of the statement so made, the auction notice dated 11.03.2025 having been withdrawn, no further orders are required to be passed in the present petition. We, however, direct the D.R.T. to dispose of the matter within a period of three (3) months. 7. Accordingly, the Writ Petition is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J AMD 3 110 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 8552 of 2025 Dt : 03.04.2025 AMD