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2025 DAILYLAW 27300 (AP)

DAVULURI SUHASINI v. THE CANARA BANK

WP/21996/2025 · 2025-08-20

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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m APHC010386732025 IN THE HIGH COURT OF ANDHRA PRADESH^^ AT AMARAVATI (Special Original Jurisdiction) 1 lb ilo \ L;.:f “'V. ;'.*V • \ THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE 'A PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUIjL^ AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAT) WRIT PETITION NO: 21996 OF 2025^ Between: Davuluri Suhasini, W/o Sri.Venkata Koteswara Rao, D.No.8-5-8/1,6th Line, Zym center, Nehru Nagar, Guntur-520 001. ...Petitioner AND 1. The Canara Bank, (e-Syndicate Bank) Rep. by its Bank Manager, B.V.Nagar Branch, Mini Bypass Road, Nellore Dist. 2. M/S Sai Daya Enterprises, Rep. by its Manging Partner Kothapalli Bharathi Sai C/o Flat No 28,Ganesh Gardens, Kasumur Road Center,Venkatachalam Mandal, Nellore Dist ,AP. 3. Sri Kothapalli Bharath Sai, S/o Late Venkateswara Rao, H.NO.3-29- 39/32A, 7th Lane, Krishna Nagar,Opp Old RTO Office, Road Pattabhipuram, Guntur Dist, A.P. 4. Sri Pathakota Ravi Chandra Reddy, S/o Bhaskar Reddy, D.No.1/87 Dorasanipalli Village, Proddutur mandal, Kadapa Dist., A.P. 5. The Recovery Officerl, Debts Recovery Tribunal Visakhapatnam Sri Kundul ...Respondents. .V ^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleased to issue an appropriate order or orders or direction more particularly in the nature of writ of certiorari calling for the records relating to the order dt. 17-6-2025 passed in IA/88/2025 IN IR(RP)88/2025IN RP No.918/2019 IN OA 97/2018 ON THE FILE OF BEFORE THE RECOVERY OFFICER- DEBTS RECOVERY TRIBUNAL/Respondent No.54 Visakhapatnam and quash or set aside the same which is illegal and contrary and violation of section 17(1) of SARFAESI Act and to direct the BEFORE THE RECOVERY OFFICER-1, DEBTS RECOVERY TRIBUNAL Visakhapatnam /responderiL No.5. 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 dispense with the filing of the certified copy of the order dated 17.06.2025 in LA. No. 88/2025 in IR(RP)88/2025 in RP No. 918/2019 in OA No. 97/2018 the file of the Recovery Officer-1, DRT, Visakhapatnam, at this stage and permit the petitioner to file the same as and when it is made available.^ lA NO: 2 OF 2Q2fi 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 of all the proceedings to the order dt. 17-6-2025 passed in IA/88/2025 IN IR(RP)88/2025IN RP No.918/2019 IN OA 97/2018 BEFORE THE RECOVERY OFFICER-1, DEBTS Visakhapatnam/Respondent No.5. Counsel for the Petitioner: SRI SUDHESHNA YAKKALA — Counsel for the Respondent Nos.1 to 5: NONE APPEARED The Court made the following order: 1, to on ON THE FILE OF RECOVERY TRIBUNAL .^>HC010386732025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-i8 AT AMARAVATI [3446] 0S WRIT PETITION NO: 21996 of 2025 Smt. Davuluri Suhasini ...Petitioner Vs. The Canara Bank and others ...Respondents ********** Advocate for Petitioner Mrs. Sudheshna Yakkala Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 21®‘August, 2025 DATE PC : Considering the fact that there is an equally efficacious alternative remedy available to the petitioner before the Debts Recovery Appellate Tribunal and in view bf the ratio of the judgments of the Apex Court in United Bank of India v. Satyawati Tondon [(2010) 8 SCC 110] and Celir LLP v. Bafna Motors (Mumbai)(P) Ltd., [(2024) 2 SCC 1], we do not consider this as a fit case to exercise our extra-ordinary writ jurisdiction. The Writ Petition is, accordingly, dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// // % SECTION OFFICER To 1. One CC to Sri. Sudheshna Yakkala, Advocate [OPUC] 2. Two CD Copies. AL HIGH COURT TL DATED:21/08/2025 ORDER WP NO. 21996 OF 2025 DISMISSING THE W.P. WITHOUT COSTS