M/S P S SHIPYARD PVT LTD v. THE DEBT RECOVERY TRIBUNAL
WP/20453/2025 · 2025-08-04
Dhiraj Singh Thakur, Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27855 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27855 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010395582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HON’BLE SRI JUSTICE RAVI CHEEIMALAPATI WRIT PETITION NO: 20453 OF 2025 Between:
1. M/s P S Shipyard Pvt Ltd, Represented by its Managing Director, aged 67 years. Colony, Ashok Singh Hundal, S/o Naranjan Singh Hundal (late) residing at D.No.43-4-1, Subbalakshmi Nagar, Railway New Visakhapatnam -530016. 2. Sri Ashok Singh Hundal, Managing Director Ltd, Residing at D.No.43-4-1, Subbalakshmi Colony, Visakhapatnam -530016. 3. M/s P.S. and Co., Represented by its Managing Partner Hundal, S/o Naranjan Singh Hundal (late) D.No.43-4-1, of M/s P.S. Shipyard Pvt. Nagar, Railway New Ashok Singh aged 67 years. Residing at Railway Subbalakshmi Visakhapatnam - 530016. 4. Sri Ashok Singh Hundal, Managing Partner Residing at D.No.43-4-1, Subbalakshmi Nagar, Railway New Colony Visakhapatnam- 530016. Nagar New Colony of M/s P.S. and Co. ...Petitioners AND
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1. The Debt Recovery Tribunal, Rep. by its Registrar, D. No. 31-32-54, Chitralaya Road, Near Leela Mahal Road, Daba Gardens, Visakhapatnam, Andhra Pradesh. 2. UCO Bank, Main Branch, Represented by its Chief Manager, Dwarakanagar, Visakhapatnam ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate Writ, Order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 1st Respondent in passing the Order dated 03.10.2023 in I.A No. 1331 of 2021 in I.A No. 7 of 2020 and I.A No. 1068 of 2020 in R.P No. 187 of 2002 and R.P No. 188 of 2002 in O.A 962 of 1997 and 928 of 1997 on the file of the Hon’ble Debt Recovery Tribunal, Visakhapatnam as arbitrary, illegal, unjust, contrary to the provisions of The Recovery of Debts and Bankruptcy Act, 1993,violation of Principles of Natural Justice, besides being violative of Articles 14 and 300A of the Constitution of India and consequently direct the 1st Respondent to return a sum of Rs. 38,52,500/- deposited by the petitioners.
38,52,500/- deposited by the petitioners. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to SUSPEND the Order dated 03.10.2023 in I.A No. 1331 of 2021 in I.A No. 7 of 2020 & I.A No. 1068 of 2020 in R.P No. 187 of 2002 and R.P No. 188 of 2002 in O.A 962 of 1997 and 928 of 1997 on the file of the Hon’ble Debt Recovery Tribunal, Visakhapatnam. Counsel for the Petitioners: SRI S V S S SIVA RAM REPRESENTING M/S. CKR ASSOCIATES Counsel for the Respondents: -— The Court made the following order:
APHC010395582025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No;-22 [3483] AT AMARAVATI WRIT PETITION NO: 20453 of 2025 M/s P S Shipyard Pvt Ltd and Others ...Petitioner(s) Vs. The Debt Recovery Tribunal and Others ...Respondent(s) ********** Advocate for Petitioner; Mr. S. V. S. S. Siva Ram representing CKR Associates Advocate for Respondent;
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 5^*" August 2025 DATE PC : The writ petition has been filed challenging the order, dated 03.10.2023, passed by the Recovery Officer-I, Debts Recovery Tribunal, Visakhapatnam. The petitioners have not been in a position to explain the delay in approaching this Court by way of the present writ petition. The petition is, on the face of it, barred by delay and laches and accordingly, dismissed. This will not prevent the petitioners from availing IS
2 HCJ a RC, J W.P. No; 20453 of 2025 alternate remedy by way of an appeal in terms of Section 30 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act). Pending miscellaneous applications, if any, shall stand closed. No costs.
Sd/- m. SRIN.'VAS ASSISTANT REGISTRAR //TRUE COPY// SEOTI OFFICER To,
1. The Registrar, Debt Recovery Tribunal, Visakhapatnam.
2. One CC to M/s.CKR Associates Advocate [OPUC]
3. Two CD Copies TF
HIGH COURT DATED:05/08/2025
ORDER WP NO. 20453 OF 2025 DISMISSING THE W.P., WITHOUT COSTS