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2025 DAILYLAW 29458 (AP)

BITRA VIJAY KUMAR v. FEDERAL BANK

WP/21843/2025 · 2025-08-20

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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APHC010422582025 IN THE HIGH COURT OF ANDHRA PRADES AT AIVIARAVATI (Special Original Jurisdiction) K0? THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTIC^^ AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 21843 OF 2025 ^ Between: Bitra Vijay Kumar, S/o Sambasiva Rao, D.No. 14-99, TF-3, Sri Srinivasa Residency, Vetagapudivari Street, Yenamalakuduru, Krishna District ...Petitioner AND Federal Bank, Rep. by its Authorized Officer, Branch Office at D.No. 59A-15- 1, Bhadraiah Nagar, NTR Circle, Patamata, Vijayawada - 520010 ...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 an order or direction more particularly one in the nature of Writ of Mandamus declare the action of the Respondent Bank in attempting to execute the possession warrant dated 30.06.2025 in CrI.M.P. No. 608/2025 after its expiry on 30.07.2025, without renewal or extended by the competent court, as illegal, arbitrary, and without jurisdiction consequently direct the Debt Recovery Tribunal, at Visakhapatnam to consider and pass orders in I.A. No. tL f 2881/2025 in LA. No. 2676/2025 in S.A. No. 376/2025 on merits within a fixed time frame. 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 Debt Recovery Tribunal, Visakhapatnam to consider and pass orders in I.A. No. 2881/2025 in I.A. No. 2676/2025 in S.A. No. 376/2025 on merits within a fixed time frame pending disposal of the above writ petition. Counsel for the Petitioner: SRI SATYANARAYANA NIMMALA^ Counsel for the Respondent: -— The Court made the following order: APHC01042258202S Bench Sr.No:-14 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI K WRIT PETITION NO: 21843 of 2025 Bitra Vijay Kumar ...Petitioner Vs. Federal Bank ...Respondent ********** Advocate for Petitioner Mr. Satyanarayana Nimmala Advocate for Respondent CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 21®'August, 2025 DATE PC : The petitioner has filed an S.A bearing No.376 of 2025 before the Debts Recovery Tribunal, Visakhapatnam, who by virtue of its order, dated 11.07.2025, gave interim protection subject to the petitioner depositing a certain amount of money in installments within the period prescribed. The petitioner it appears was unable to comply with the order on account of some bereavement in the family. An application was then filed being lA.No.2881 of 2025 in the aforementioned pending S.A seeking extension of time for depositing the amount which was earlier ordered by virtue of the order, dated 11.07.2025. HCJ & RRR, WP_21843_2j|;5''’ The application is stated to have not been taken up by the D.RT and now the matter is posted on 24.09.2025. In the meantime, the petitioner apprehends dispossession from the secured asset. The only prayer made by the petitioner is that till such time as the application filed by the petitioner before the D.R.T is considered, the interest of the petitioner be protected. Considering the limited nature of controversy and with a view to prevent any prejudice which might be caused to the petitioner on account of non consideration of the application filed by the petitioner seeking extension of time, we dispose of this Writ Petition with a direction to the D.R.T to take up the matter in IA.No.2881 of 2025 in SA.No.376 of 2025 on or before the date fixed by the D.R.T and till such time as the same is considered and appropriate orders are passed, status quo shall be maintained with regard to possession of the petitioner over the secured asset. 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. The Authorized Officer, Federal Bank, Branch Office at D.No. 59A-15-1, Bhadraiah Nagar, NTR Circle, Patamata, Vijayawada - 520010 ^ 2. The Debt Recovery Tribunal, Visakhaptnam. ^ 3. One CC to Sri Satyanarayana Nimmala, Advocate [OPUC] ^ 4. Two CD Copies TF X s ■ ■ A HIGH COURT DATED:21/08/2025 ORDER WP NO. 21843 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS