THE CARD ENTERPRISES v. PANJAB NATIONAL BANK HOUSING FINANCE LIMITED
WP/18961/2025 · 2025-07-23
Dhiraj Singh Thakur, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26438 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26438 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010373412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 7i. I! THURSDAY,THE TWENTY FOURTH DAY OF JUlA TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE f/ AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 18961 OF 2025 Between: M/s The Card Enterprises, D.No.7/23/A, Pragathi Nagar, Pedakakani, Guntur, Andhra Pradesh- 533509, Nageshwara Rao Talluri. Rep. by its Proprietor Sri ...Petitioner AND Panjab National Bank Housing Finance Limited, Regd. Office at 9th Floor, Antriksh Bhavan, 22 Kasthurba Gandhi Marg, New Delhi, Rep. by its Authorized Signatory. M/s Panjab Housing Finance Limited, 4th Floor, Road No.2, Banjara Hills, Hyderabad- 500 034, Rep.ty its Authorized Officer. Panjab National Bank, Suryaraopet, Vijayawada, Rep. by its Authorized Signatory.
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3. ...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 in the nature of
7 a Writ of Mandamus by declaring the action of the 3rd respondent in taking possession of the secured assets through advocate commissioner vide CrI. MP. No. 480 of 2025 dated 27.06.2025, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the conditions of grant of the house flat certificate. Consequently, direct the 3rd respondent in not take any coercive steps in respect of secured assets of the petitioner.
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 3rd respondent in not take any coercive steps in respect of secured assets of the petitioner, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K SRINIVAS Counsel for the Respondents: SRI AMBADIPUDI SATYANARAYANA SENIOR COUNSEL APPEARING FOR M/S LAXMI CHAYA The Court made the following order:
APHC010373412025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-i06 [3446] AT AMARAVATI ■fc WRIT PETITION NO; 18961 of 2025 M/s. The Card Enterprises ...Petitioner Vs. Panjab National Bank Housing Finance Limited and others ...Respondents ********** Advocate for Petitioner: Mr. K Srinivas Advocate for Respondents: Mr. Ambadipudi Satyanarayana Senior Counsel appearing for Mrs. Laxmi Chaya.
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 24*’’ July, 2025 DATE PC: In the earlier round of litigation, the petitioner had filed W.P.No.14265 of 2024 which was disposed of by virtue of an order, dated 22.07.2024, whereby the Debts Recovery Tribunal, Visakhapatnam, was
directed to pass appropriate orders on the application filed by the petitioner for purposes of grant of interim relief within a period of six weeks. It was also directed that status quo would be maintained with regard to possession of the petitioner which should be subject to the orders to be passed by the D.R.T in the I.A.
2 HCJ & RRR, J WP 18961 2025 It appears that the S.A was listed before the D.R.T on 14.11.2024
2. when it was dismissed on account of non appearance of the counsel and the petitioner before the D.R.T. An application for restoration is stated to have been filed as late as on 03.07.2025 before the D.R.T and is still stated to be pending. In the meantime, the respondent bank is stated to have taken steps for taking over the possession of the petitioner’s property. 3. The stand of the petitioner is that the petitioner had undergone some heart ailment which prevented him from following his case. Some of the documents have been placed on record. The said documents are also stated to have been filed before the Debts Recovery Tribunal along with the application for restoration on which no orders have been passed yet. The prayer is that till such time as appropriate orders are passed in the application for restoration, some interim protection be granted. 4. We have heard learned counsel for the parties. 5. We dispose of this Writ Petition with a direction to the D.R.T to pass appropriate orders in accordance with law in the restoration application filed by the petitioner within two weeks from today. Status quo be maintained with regard to the property in question for a period of two weeks. No order as to costs. 3 HCJ & RRR, J WP_18961 2025 Miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// / r^CTION OFFICER To,
1. The Authorized Signatory, Panjab National Bank Housing Finance Limited, Regd. Office at 9th Floor, Antriksh Bhavan, 22 Kasthurba Gandhi Marg, New Delhi. 2. The Authorized Officer, M/s Panjab Housing Finance Limited, 4th Floor, Road No.2, Banjara Hills, Hyderabad- 500 034,. 3. The Authorized Signatory, Panjab National Bank, Suryaraopet, Vijayawada,. 4. The Debts Recovery Tribunal, Visakhapatnam. 5. One CC to Sri. K Srinivas Advocate [OPUC]
6. One CC to M/s Laxmi Chaya Advocate [OPUC]
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Two CD Copies GSC
A ■ high court DATED:24/07/2025
order WP NO. 18961 OF 2025 s( 2 5 JUL 2025 Jg disposing the WP WITHOUT COSTS