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2025 DAILYLAW 27257 (AP)

MURALI MOHAN DAVALA v. IDBI BANK LTD

WP/19602/2025 · 2025-07-27

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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APHC010386332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) km MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19602 OF 2025 Between: Mural! Mohan Davala, S/o. AppaduDavala, Aged 45 years, R/o. D.No.35/A Floor, Jai Balaji Nagar, Nesapakkam, Chennai, Chennai-600 078 Nadu. Tamil ...Petitioner AND IDBI Bank Ltd., Rep by The authorized officer, IDBI Bank, Regional Office, 9- 14-15, Pydah Chambers, 1 Visakhapatnam District-530003. Floor, VIP Road, Siripuram, Visakhapatnam ...Respondent 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 Orders more particularly one in the nature of a Writ of Mandamus against the arbitrary action of the respondent bank in trying to execute the Order in CrI.M.P. No. 162/2025 on the file of the Chief Judicial Magistrate at Visakhapatnm and trying to dispossess me from my property and conduct auction of the subject property which is arbitrary and violation of Article 14 and 21 and 300 A of Constitution of India and Consequently to set aside the said proceedings and pass such other order or orders as the Hon’ble court deem fit and proper in the circumstances of the case in the interest of justice or otherwise I will be put to irreparable loss and injury. 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 to stay of all further proceedings in manner by not to taking Physical Possession and conduct the auction in pursuance of orders passed in CrI.M.P. No. 162/2025 on the file of the Visakhapatnam in respect of item no 2 of SA schedule property until the S.A.No.419 of 2025 on the file of Debts Recovery Tribunal, Visakhapatnam. Chief Judicial Magistrate Counsel for the Petitioner: SRI DANYAMRAJU UMA MAHESWARA RAO Counsel for the Respondent: NONE APPEARED The Court made the following order: APHC010386332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 19602 of 2025 Murali Mohan Davala ...Petitioner Vs. IDBI Bank Ltd ...Respondent **icic**-k*'k* Advocate for Petitioner; Advocate for Respondent; Mr. Danyamraju Uma Maheswara Rao CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 28*^ July 2025 DATE PC : The petitioner claims that he had already approached the Debts Recovery Tribunal, Visakhapatnam, by way of an SA in which the next date of hearing has been fixed on 22.08.2025. It is stated that the Tribunal did not at all consider the prayer of the petitioner for grant of interim protection in the I.A. that had been filed along with the S.A. We dispose of this Writ Petition with a direction to the Debts Recovery Tribunal, Visakhapatnam, to consider the I. A. filed seeking interim protection in S.A. No.419 of 2025 filed by the applicant positively on the next date of 2 HCJ a RC, J W.P. No: 19602 of 2025 hearing and pass appropriate orders. Till then, status quo be nnaintained with regard to the possession of the petitioner. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- M. SRINiVAS ASSISTANT REGISTRAR SECTiCmS^CER //TRUE COPY// To, 1. The Authorized Officer, IDBI Bank Ltd., IDBI Bank, Regional Office, 9-14- 15, Pydah Chambers, 1“ Floor, VIP Road, Siripuram, Visakhapatnam, Visakhapatnam District-530003. 2. The Debts Recovery Tribunal, Visakhapatnam. 3. One CC to Sri Danyamraju Uma Maheswara 4. Two CD Copies Rao, Advocate [OPUC] Cnr Y HIGH COURT DATED:28/07/2025 C.C. TODAY ORDER WP NO. 19602 OF 2025 2 8 JUL 2025 ^ -stffrent DISPOSING OF THE W.P. WITHOUT COSTS