IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 14053 OF 2025 Between: Jampana Bala Gandhi Raju, S/o.Narasimha Raju, Aged About- 60 Years, Occ- Director, M/s Three Seasons Logistics, Pvt Ltd. R/0.D.N0.65-9-1/C, 0pp. Girls Polytechnic, Mehar Nagar, Kakinada, Andhra Pradesh - 533003 ...PETITIONER AND 1. The Debt Recovery Tribunal, Represented by its Chairman, Visakhapatnam, Visakhapatnam District. 2. The Union Bank of India, Rep by its Authorised Officer, D.No.26-15- 150, Andhra Bank Building, Changalaraopeta, Visakhapatnam - 530001 3. The Branch Manager, Union Bank of India, D.No.27-952 Mansions, Pulavathivari Street, Kakinada - 533001 Floor, Savithri ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 2 and 3 in initiating Section 14 proceedings under SARFAESI Act 2002 vide 116 of 2025 on the file of the East Godavari District for taking delivery of possession of the schedule mentioned properties on 10.05.2025 and Crl.M.P.No.112 of 2025, 113 of 2025 and learned Chief Judicial Magistrate, Rajamahendravaram as a consequential thereto, further issuance of notices dated- 03.05.2025 by the learned Advocate Commissioner for taking delivery of possession of the said schedule properties as illegal, arbitrary, unjust and violation of Fundamental Rights guaranteed under the Constitution of India besides being contrary to provisions of SARFESI Act, 2002 and consequently grant stay of all further proceedings by setting aside the warrant pending of the learned advocate commissioner for taking possession of the schedule properties as mentioned in SA No. 282 of 2025 and lA No. 1813 of 2025 on the file of the learned Debts Recovery Tribunal, Visakhapatnam, pending disposal of SA No. 282 of 2025 and lA No. 1813 of 2025 on the file of the learned Debts Recovery Tribunal, Visakhapatnam, in the interests of justice. 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 Fligh Court may be pleased to suspend the operation of the notices dt. 03-05-2025 of the learned advocate commissioner for executing and taking possession of the schedule properties as mentioned in schedule in SA No. 282 of 2025 and lA No. 1813 of 2025 on the file of the learned Debts Recovery Tribunal, Visakhapatnam, in the interests of justice. 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 Fligh Court may be pleased to grant stay all further proceedings pursuant to the initiation of proceedings vide orders dated: 24.03.2025 in Crl.M.P.No.112 of 2025, 113 of 2025 and 116 of 2025 on the file of the Court of the Chief Judicial Magistrate, Rajamahendravaram, East Godavari District,in the interests of justice. Counsel for the Petitioner: SRI M. SRI ATCHYUT Counsel for the Respondent No.1; --- Counsel for the Respondent Nos.2 & 3: SMT. DYUMANI, SC FOR UNION BANK OF INDIA The Court made the following: ORDER APHC010278952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 14053/2Q2fi m [3539] -A- Between: Jampana Bala Gandhi Raju ...PETITIONER{S) AND The Debt Recovery Tribunal and Others Counsel for the Petltioner(S): 1.M SRI ATCHYUT Counsel for the Respondent(S): ...RESPONDENT(S) 1. The Court made the following Order: Heard learned counsel for the petitioner and the counsel appearing for respondents. (per Hon’ble Sri Justice Harinath. N) learned Standing 2. The petitioner is challenging the action of respondents in proceeding further in taking possession of the property belong to the petitioner by invoking the provisions of Securitization Act. 3. It is submitted by the learned counsel for the petitioner that the petitioner has filed S.A.No.282 of 2025 on the file of th^lea'med Debts 2 Recovery Tribunal, Visakhapatnam. On 09.05.2025, notice was ordered to the respondents herein. It is submitted that the matter was posted today before the Debts Recovery Tribunal, Visakhapatnam. However, the presiding officer is on leave as such it could not be taken up. It is submitted that the learned counsel appearing for bank did not Tribunal, Visakhapatnam. \ appear before the Debts Recovery 4. Learned Standing counsel appearing for respondent Nos.2 and 3 appearing through online submits that she is on caveat and that the Advocate Commissioner has taken possession of the property on 23.05.2025 and keys have been handed over to the bank. 5. Considering the submissions of learned counsel for when notice was ordered the petitioner that on 09.05.2025 to the respondent-bank and the respondent-bank was aware of the pendency of the Recovery Tribunal, Visakhapatnam, such matter before the Debts steps of taking possession of the property ought not to have been initiated. Considering the submission matter could not be taken that the up today before the Debts Recovery Tribunal, Visakhapatnam as the presiding officer is on leave, there shall be a direction to the respondent-bank to maintain Status-quo insofar ooncerned and the Debts Recovery Tribunal as possession is Visakhapatnam shall endeavor to dispose of I.A.No.1813 of 2025 (06) weeks. In the in S.A.No.282 of 2025 within a period of six meantime. Status-quo shall be maintained with regard to the possession of the property. 3 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if/qny, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Chairman, Debt Recovery Tribunal, Visakhapatnam, Visakhapatnam District. The Authorised Officer, Union Bank of India, D.No.26-15-150, Andhra Bank Building, Changalaraopeta, Visakhapatnam - 530001 The Branch Manager, Union Bank of India, D.No.27-952, Floor, Savithri Mansions, Pulavathivari Street, Kakinada - 533001 One CC to Sri M. Sri Atchyut, Advocate [OPUC] One CC to Smt. Dyumani, SC for Union Bank of India [OPUC] Three CD Copies. 1. 2. 3. 4. 5. 6. ssb HIGH COURT \ DATED:29/05/2025 ORDER WP.No.14053 of 2025 ^ 19 JUN 2025 o nrentS«ctioQx'^ DISPOSING OF THE W.P. WITHOUT COSTS