IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR and THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10976 OF 2025 Between: 1. M/s Vekateswara Traders, Rep. by its Managing Partner, G. Asvvani Kumar, S/o G. Chandrasekar Reddy, Aged about 36 years, Occ Business, R/o. 8-2-296/82/44, Plot No. 61, HUDA Heights, Banjara Hills, Hyderabad. 2. G. Aswan! Kumar, , S/o G. Chandrasekar Reddy, Aged about 36 Occ Business, R/o. 8-2-296/82/44, Plot No. 61, HUDA Heights, Banjara Hills, Hyderabad. 3. A. Vineeth Kumar, S/o Venkata Siva Reddy, Aged about 26 years,Occ Busijiess, R/o. H.No. 9-136 B, Kothapalem Village, Talluru Mandal, Prakasam District. 4. Kunam Eswaramma, W/o. Late Venkata Siva Reddy, Aged about 61 years,Occ Business, R/o. 2-80, Baddipudi village, Prakasam District. years ...Petitioners AND 1. Indian Bank, Rep. by its Authorised Officer, Acharya Ranga Nagar, Near Naianda School, SBI Officers Colony, Near Benz Circle, Mogalrajapuram Branch, Vijayawada, Krishna District. 2. The Chief Manager, Indian Bank Acharya Ranga Nagar, Near Nalanda School, SBI Officers Colony, Near Benz Circle, Mogalrajapuram Branch, Vijayawada, Krishna 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the Notice of Sale Immovable Properties issued dt.29.03.2025 of the 1st Respondent herein U/Rule 6(2), 8(6) a 8(9) of the Security Interest (Enforcement Rules), 2002 under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT) with regard to the Schedule of Property No.1 (Vacant Land in an extent of Ac.5227.20 Sq.Yds 4370.60 Sq.Meters in RS No.45/3 nearby Door No. 104-3/50, Flakumpeta, backside of D-Mart Shopping Mall near Royal Town Apartment, Rajahmundry Rural Kadiyam SRO, East Godavari Dist. boundaries East Site belonging to S. Chandra Rao, South site belonging to G. Veerraju, West 33 Wide Road a part and drainage. North Site Belinging to G. Veerraju and as well as Property No.2 Ground Floor Building in an extent of 297 Sq.Yds or 248.32 Sq. Mts, TS N0.159P Ward No. 14 present D.No.28-1-45/1 Old Assessment No.26714 New Assessment No. 1060044926 on Main Road or in Western Row, Kakinada Town Kakinada Municipal Corporation, Kakinada Urban Mandal, Kakinada SRO East Godavari District, East 80-00 Wide BT Main Road, South Commercial Shop of Kakinada Cycle Stores, West Vacant land of Mr. Mutha Manikyam, North Commercial Shop of M/s. Kotaiah Kaja Sweet Shop Auction schedule to be held 25.04.2025 as illegal and arbitrary action and also not considering the Petitioners repeated requests for OTS (One Time Settlement) 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 grant stay of all further proceedings in pursuance to the notice sale of immovable properties Dt;29.03.2025 which is schedule to be auction on 25.04.2025 pending disposal of the main Writ Petition in the interest of justice. Counsel for the Petitioners: SRI VENKAT PRASAD UKKALAM Counsel for the Respondent No.1 and 2: SRI M VINODINI RUTH REPRESENTED FOR SRI SATYANARAYANA DHARA The Court made the following: Order ■>- APHC010220462025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-34 [3483] AT AMARAVATI WRIT PETITION NO: 10976 of 2025 M/s. Venkateswara Traders and others ...Petitioners Vs. Indian Bank and another ...Respondents •k-kieickifk-kic* Advocate for Petitioners Mr. Venkat Prasad Ukkalam Advocate for Respondents Mrs. M. Vinodini Ruth appeared for Mr. Satyanarayana Dhara CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 9th May 2025 PC: The petitioners claim that they had already approached the Debts Recovery Tribunal, Visakhapatnam, by way of an S.A. in which the next date of hearing has been fixed on 05.06.2025. It is stated that the Tribunal did not at ail consider the prayer of the petitioners for grant of interim protection in the I.A. that had been filed along with the S.A. 2. 3. We dispose of this Writ Petition with a direction to the Debts Recovery Tribunal, Visakhapatnam, to consider I.A.No.1606 of 2025 in S.A.No.477 of 2023, filed by the applicants positively on the next date of 2 HCJ & RCJ W.P.No.10976 of 2025 hearing and pass appropriate orders. Till then, status quo be maintained with regard to the possession of the petitioners. No order as to costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Authorised Officer, Acharya Ranga Nagar, Near Nalanda School, SBI Officers Colony, Near Benz Circle, Mogalrajapuram Branch, Vijayawada, Krishna District. 2. The Chief Manager, Indian Bank Acharya Ranga Nagar, Near Nalanda School, SBI Officers Colony, Near Benz Circle, Mogalrajapuram Branch, Vijayawada, Krishna District. 3. One CC to SRI VENKAT PRASAD UKKALAM Advocate [OPUC] 4. One CC to SRI SATYANARAYANA DHARA Advocate [OPUC] 5. Three CD Copies To, gsg HIGH COURT DATED: 09/05/2025 ORDER WP.No.10976 of 2025 DISPOSING THE WP WITHOUT COSTS