BANDLAMUDI BASAVESWARA RAO v. THE DEBT RECOVERY TRIBUNAL
WP/12825/2025 · 2025-05-08
Dhiraj Singh Thakur, Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17895 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17895 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 AiVi IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ; t4 -5/ (Special Original Jurisdiction) K m FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE € PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12825 OF 2025 Between:
1. Bandlamudi Basaveswara Rao, S/o. Seshagiri Rao Bandlamudi, Sri Lakshmi Sai International, Dental Care 5 128, Beside Ankamma Temple, Vijayawada, Krishna District, Andhra Pradesh.
2. Mrs. Bandlamudi Srilakshmi, W/o. Bandlamudi Basaveswararao, 48-19- 9, Flat no. 404, Apace Community, VRR Block, Bayina Bapuji Vari Street, Sri Ramachandra Nagar, Krishna District, Vijayawada.
3. The Debt Recovery Tribunal, Rep. by its Registrar, D.No.31-32-54, Chitralaya Road Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh -530 020 ...Petitioners AND
1. The Debt Recovery Tribunal, Rep. by its Registrar, D.No.31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Viskhapatnam, Andhra Pradesh - 530 020.
2. The Authorized Officer, Punjab National Bank, 9*^ Floor, Antriksh Bhawan, 22 Kasturba Gandhi Marg, New Delhi 110001.
3. The Branch Manager, Punjab National Bank, 2'^^ Floor, RK Plaza, Door No. 39-3-2, Masjid Street, beside Anjaneya Jewellers, Labbipet, Vijayawada, Andhra Pradesh 520010. ...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 of Mandamus, or any other appropriate writ,
order or direction, by declaring the action of the Respondent N0.I in not deciding the I.A No 1593 of 2025 in SA No.256 of 2025 questioning the action of the 2nd and 3rd Respondent Bank in Issuing the Sale Notice
dated 04.04.2025 by scheduling the auction of the schedule mentioned properties on 15.05.2025 as illegal, arbitrary bad in law, arbitrary, against ' principles of natural justice and opposed to public policy and violative of articles 14, 300A of Constitution of India, and consequently to direct the Respondent Bank not to take possession of the aforementioned properties disposal of I.A No 1593 of 2025 in SA No.256 of 2025 on the file of Debts Recovery Tribunal at Visakhapatnam is decided.
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 Respondent Bank not to take Possession of Schedule properties pending disposal of the I.A No 1593 of 2025 in SA No.256 of 2025 on the file of Debts Recovery Tribunal at Visakhapatnam pending the main writ petition. Counsel for the Petitioners: SRI RAVITEJA PADIRI Counsel for the Respondents: The Court made the following order:
Bench Sr.No:-15 [3483] APHC010246862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I.
WRIT PETITION NO: 12825 of 2025 ...Petitioner(s) Bandlamudi Basaveswara Rao and Others Vs. The Debt Recovery Tribunal and Others ...Respondent(s) Advocate for Petitioners: Mr. Raviteja Padiri Advocate for Respondent:
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 9*^ May 2025 PC : The petitioners claim that even when Securitization Application bearing No.256 of 2025 has been preferred along with I.A. No. 1593 of 2025 seeking interim direction before the Debts Recovery Tribunal, no orders have been passed and the matter has been posted on 14.05.2025. It is stated that in the interregnum, the respondents are proceeding to dispossess the petitioners from the secured asset.
2. Considering the fact that the petitioners are already before the D.R.T. we dispose of the present petition with a direction to the D.R.T. to decide I.A.No.1593 of 2025 arising out of S.A.No.256 of 2025 within a period of six
✓ 2 HCJ a RC, J W.P. No; 12825 of 2025 (6) weeks. In the meantime, till orders are passed in the said I.A., the further proceedings against the secured asset shall remain stayed. No costs. Pending miscellaneous applications, if any, shall stand closed.
Sd/- K.KASIRAO ACHARI ASSISTANT REGISTER //TRUE COPY// SECTION OFFICER To, The Registrar, Debt Recovery Tribunal, D.No.31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Viskhapatnam, Andhra Pradesh - 530 020. The Authorized Officer, Punjab National Bank, 9*'^ Floor, Antriksh Bhawan, 22 Kasturba Gandhi Marg, New Delhi 110001. The Branch Manager, Punjab National Bank, 2'^'^ Floor, RK Plaza, Door No. 39-3-2, Masjid Street, beside Anjaneya Jewellers, Labbipet, Vijayawada, Andhra Pradesh 520010. One CC to Sri Raviteja Padiri, Advocate [OPUC] Two CD Copies
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HIGH COURT DATED:09/05/2025
ORDER WP.No.12825 of 2025 DISPOSING OF THE WP WITHOUT COSTS