APHC010355812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY%^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 17929 OF 2025 Between: 1. M/s. Sri Gokul Motors, Rep. by its Managing Partner, Potharaju Srinivasa Rao, S/o. P Srinivasa Rao, aged- 50, R/o- D.No. 17-15-1, Sri Krishna Nilayam, A.S.R Stadium Road, Eluru, West Godavari District. 2. Potharaju Srinivasa Rao, S/o. P ' Srinivasa Rao, aged 50, Occ- Managing Partner, R/o. D/0.17-15-1, Sri Krishna Nilayam, A.S.R Stadium road, Eluru, West Godavari District. 3. Potharaju Srilakshmi, W/o. Potharaju Srinivasa Rao, aged 45 D.No. 17-15-1, Sri Krishna Nilayam, A.S.R Stadium road, Eluru, West Godavari District. R/o- ...Petitioners AND 1. The State Bank of India, Rep. by its Authorized Officer S.M.E Branch, Rajahmundry, East Godavari District. 2. 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. 3. The Asst General Manager cum Authorized Officer, State Bank of India, SME Branch, Rajahmundry, East Godavari District 4. S Ranga Rao, S/o Sriramulu, aged-70, Occ Advocate, Address H.No.2-166, Vidyanagar colony. Backside of Panchayati office road, Satrampadu, Eluru, West Godavari District. (Advocate Commissioner appointed through order dt. 27-5-2025 in CrI.M.P. No. 246 of 2025) ■I ...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, declaring the action of 2nd Respondent in not deciding the I.A No.2501 of 2025 in S.A No. 355 of 2025 which was filed challenging the action of the 1st Respondent Bank in issuing i. the notice dated 29-5-2025 issued by 4th respondent, advocate commissioner to take physical possession of schedule property ii. possession notice dt.20-2-2025 u/s 13(4) of SARFAESI Act iii. Demand notice dt. 27-09-2024 u/s 13(2) of SARFAESI Act iv. Notice issued under Rule 8(6) prior to sale dt. 6-3-2025 iv. classification of N.P.A of 1st petitioners account as contrary to law, arbitrary, against principles of natural justice and opposed to public policy and violative of Articles 14, 300 - A of Constitution of India, and to consequently direct the 1st Respondent Bank not to take physical possession of the aforementioned properties until disposal of I.A.No.2501 of 2025 in SA. No. 355 of 2025 before the Debts Recovery Tribunal, Visakhapatnam lA NO: 1 OF 2025 i;' 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 1®‘ Respondent Bank not to take physical Possession of Schedule properties pending disposal of the i.A.No. 2501 of 2025 in SA No.355/2025 on the file of the Debts Recovery Tribunal, Visakhapatnam, pending disposal of the Writ Petition •{ 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 High Court may be pleased to stay all further proceedings pursuant to notice dated 29-5-2025 issued by 4 } respondent to execute warrant as per order dt. 27-5-2025 in CrI.M.P No. 246 of 2025 passed by learned Chief Judicial Magistrate cum Principal Civil Judge (Senior Division), Eluru, pending disposal of the writ petition th Counsel for the Petitioners: SRI POSANI VENKATESWARLU REPRESENTING SRI P VIVEK Counsel for the Respondents: SRI S SATYANARAYANA MOORTHY The Court made the following order: I i. i i: f I I APHC010355812025 Bench Sr.No:-105 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 17929 of 2025 M/S. Sri Gokul Motors and others ...Petitioners Vs. The State Bank of India and others ...Respondents ■k'k’k’k’kiiifk'k’k Advocate for petitioners Sri Posani Venkateswarlu representing Sri P. Vivek Advocate for respondents Sri S. Satyanarayana Moorthy CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 17th July 2025 P C : Learned counsel for the petitioners states that even when the petitioners had filed S.A.No.355 of 2025 before the Debts Recovery Tribunal Visakhapatnam, no orders have been passed in the application for interim stay accompanying the said S.A vide I.A.No.2501 of 2025. It is stated that in the meantime, the petitioners are likely to be dispossessed from the secured asset. 2. Be that as it may, we dispose of this petition with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of I.A.No.2501 of 2025 in S.A.No.355 of 2025 preferably, within a period of six (6) weeks. Until such time the appropriate orders are passed, status quo be maintained with regard 2 to the possession of the petitioners over the scheduled property. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/-K SRINIVASA RAJU ASSISTANT.REGI^^AR //TRUE COPY// SE OFFICER To 1. The Authorized Officer State Bank of India, S.M.E Branch Rajahmundry, East Godavari District. 2. The Registrar, Debt Recovery Tribunal Road Near Leelamahal Road . D.No.31-32-54, Chitralaya Daba Gardens, Jagadamba Junction Visakhapatnam, Andhra Pradesh -530 020. 3. The Asst General Manager cum Authorized Officer, State Bank of India, SME Branch, Rajahmundry, East Godavari District 4. S Ranga Rao, S/o Sriramulu, aged-70, Occ Advocate Address H.No.2-166, Vidyanagar colony, ( Satrampadu, Eluru, West Godavari District, appointed through order dt. 27-5-2025 i ‘ Backside of Panchayati office road, (Advocate Commissioner in CrI.M.P. No. 246 of 2025) 5. One CC to SRI P VIVEK Advocate [OPUC] 6. OneCCtoSRIS SATYANARAYANA MOORTHY Advocate [OPUC] 7. Two CD Copies gsg HIGH COURT DATED: 17/07/2025 ORDER WP NO. 17929 OF 2025 SS; 1 9 JUL 2025 -''"rrentSectioa^^ o» O DISPOSING THE WP WITHOUT COSTS