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2025 DAILYLAW 24730 (AP)

Santhosi Pharma Distributors, v. Authorisied Officer,

WP/17494/2025 · 2025-07-09

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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r APHC010348742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 17494 OF 2025 Between: 1. Santhosi Pharma Distributors, Rep by its Proprietor Venkatesh Guntur, S/o. Lakshmi Narasimham, Aged about 62 years Pratapagiri Vari Street, Railpet, Guntur - 522001. 2. Guntur Balakrishna Kumari, W/o. Venkatesh Guntur, Aged about 57 years R/o. D.No 9-9-33, Pratapagiri Vari Street, Railpet,Guntur-522001 . R/o. D.No 9-9-33, ...Petitioners AND 1. Authorised Officer, HDB Financial Services Limited 3*^^ and 4^^ Floor, Hemalatha Mansion, SR Nagar, Hyderabad - 500 038. 2. The Branch Manager, HDB Financial Services Limited Anu Sri Plaza, D.no 5-87-89, 2"'^ Lane Lakshmipuram Main Road, Beside HDFC Bank, Guntur - 522007. ...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 order or direction more particularly in the nature of it is, therefore, most humbly prayed that this Hon'ble court may be pleased to issue a writ, order or directbn more particularly one in the nature of Writ of Mandamus (I) Call for the case records relating to notice of the ■r Advocate Commissioner dated 27.06.2025 pursuant to order dated 25.06.2025 in CrI.M.P. No. 496 of 2025 on the file of Principal Assistant Sessions Judge, Guntur - Cum Chief Judicial Magistrate Guntur, and (II) To set aside the notice of the Advocate Commissioner dated 25.06.2025 pursuant to order dated 25.06.2025 in CrI.M.P. No. 496 of 2025 on the file of Principal Assistant Sessions Judge, Guntur - Cum - Chief Judicial Magistrate Guntur. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased It is also just and necessary that the Interim Order suspending the operation of the notice of the Advocate Commissioner dated 27.06.2025 pursuant to order dated 25.06.2025 in CrI.M.P. No. 136 of 2025 on the file of Chief Judicial Magistrate-cum-Principal Civil Judge (Senior Division), Eluru pending the disposal of the above writ petition. Counsel for the Petitioners: SRI G. SRI HARSHA Counsel for the Respondents: NONE APPEARED The Court made the following order: APHC010348742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 17494 of 2025 Santhosi Pharma Distributors and another ...Petitioner(s) Vs. Authorised Officer and Others ...Respondent(s) ********** Advocate for Petitioner: Mr. G Sri Harsha Advocate for Respondent: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 10*^ July 2025 PC : The petitioner claims that proceedings have been initiated by the respondents under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner has already preferred Securitization Application No.87 of 2025, which is accompanied by I.A. No.2563 of 2025. it is also stated that the I.A. is coming up for consideration on 14.07.2025 and in case, the respondents are not prevented from . .r* 2 HCJ 6t RRR, J W.P. No: 17494 of 2025 dispossessing the petitioner from the premises in question, the proceedings before the Debts Recovery Tribunal shall be rendered academic. Be that as it may, we dispose of the present petition with a direction to the Debts Recovery Tribunal to pass appropriate orders in the said I.A., which is fixed on 14.07.2025, and till appropriate orders are passed, status quo be maintained with regard to the possession of the property in question. We also make it clear that in case there is any attempt on the part of the petitioner to delay the disposal of I.A. bearing No.2563 of 2025, the protection given under these orders shall not be available to the petitioner and the Debts Recovery Tribunal would be at liberty to pass appropriate orders according to law. Pending miscellaneous applications, if any, shall stand closed. No costs. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTTON OFFICER To, 1. Authorised Officer, HDB Financial Services Limited 3'"'^ and 4 Hemalatha Mansion, SR Nagar, Hyderabad - 500 038. 2. The Branch Manager, HDB Financial Services Limited Anu Sri Plaza, D.no 5-87-89, 2^^^ Lane Lakshmipuram Main Road, Beside HDFC Bank, Guntur - 522007. 3. One CC to Sri G Sri Harsha, Advocate [OPUC] 4. Two CD Copies th Floor, Cnr HIGH COURT DATED: 10/07/2025 l 9 JUL 2025 )g ORDER WP NO. 17494 OF 2025 o\ is4IyrrentSectiQjix^J^ DISPOSING OF THE W.P. WITHOUT COSTS