VIJAYA DURGA POLYMERS v. THE DEBT RECOVERY TRIBUNAL
WP/21764/2025 · 2025-08-13
Dhiraj Singh Thakur, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29796 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29796 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
^ APHC010427472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) EiG THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR THE CHIEF JUSTICE AND HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 21764 OF 2025 Between:
1. VIJAYA DURGA POLYMERS, Rep. by its Partner, Prasad, Sri. Dodda Durga Plot No. 20B, IDA, S/o. Venkata Rama Rao, Aged 48 Kondapalli, Ibrahimpatnam, NTR District-521228. years. 2. Sri. Dodda Durga Prasad,, S/o. Venkata Rama T Door No. 4-4-83/2/202, Crystal Classic Apartments Nacharam, Telangana - 500076. Bapat/a District, Karlapalem Mandal Rao, Aged 48 years, R/o. Veera Reddy Colony, And at D.No. 1-276, Nallamothuvaripalem, Andhra Pradesh - 522 111. ...PETITIONERS AND
1. THE DEBT RECOVERY TRIBUNAL, Visakhapatnam, Visakhapatnam District. Represented by its Chairman,
A Canara Bank, Represented by its Authorized Officer ARM Branch, Circle 2nd Floor, Lakshmi Avenue, Srinivasa Nagar Bank Colony, Ring Office. Road, Vijayawada - 520008. ...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 any appropriate Writ, order or Direction preferably a Writ in the nature of Writ of Mandamus a) To declare the inaction of the Respondent No 1 in disposing the S.A.No.372 of 2025 on the file of the 1st Respondent despite the urgency and not considering the fact of sale auction purchase of the property as illegal, arbitrary, violative of fundamental rights guaranteed to Petitioner under Article 14, 19 and 21 of Constitution of India and violative the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and consequently to direct the Respondent No.1 to dispose off S.A.No.372 of 2025 on the file of the 1st Respondent b) To direct all the parties concerned to maintain status quo respect to the Petitioners property Ac. 1.05 cents situated at P.No.356/4, 357/1. 357/2 of Nallamuthuvaripalem, Bapatta Sub Division, Karlapalem Mandal, Guntur District pending the disposal of S.A.No.372 of 2025 on the file of the 1st Respondent. of with 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 grant stay of all further proceedings including the operation of Sale certificate issued by the Respondent Bank.
Counsel for the Petitioners Counsel for the Respondents : The Court made the following ORDER ;
: SRI SHAIK SHAHEDAZ
APHC010427472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No. LM-2 [3446] =iG WRIT PETITION NO: 21764 of 2025 M/s. Vijaya Durga Polymers and another ...Petitioners Vs. The Debt Recovery Tribunal and another ...Respondents ********** Advocate for Petitioners Ms. Shaik Shahedaz Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 14th August 2025 DATE PC :
Learned counsel for the petitioners states that a Securitization Application bearing No.372 of 2025 has already been filed before the D.R.T., Visakhapatnam, along with an Interlocutory Application bearing No.2630 2025 for grant of interim relief which was not considered and the matter has of been fixed to 10.10.2025.
2. It is stated that in case interim protection is not granted, the matter before the Tribunal will be rendered academic.
3. Be that as it may, we dispose of this writ petition with a direction to the respondent - Debts Recovery Tribunal, Visakhapatnam, to decide the Interlocutory Application preferably within six weeks. Till then, status quo be
maintained with regard to the possession of the petitioners over the schedule property. No costs. Consequently, connected miscellaneous applications pending, if any shall stand closed.
Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Debt Recovery Tribunal, Chairman, Visakhapatnam, Visakhapatnam District.
2. Authorized Officer Canara Bank, ARM Branch, Circle Office Lakshmi Avenue, Srinivasa Nagar Bank Colony, Ring Road, Vijayawada -
520008. 2nd Floor,
3. One CC to SRI. SHAIK SHAHEDAZ Advocate [OPUC]
4. Two CD Copies TAC
HIGH COURT DATED:14/08/2025
ORDER WP NO. 21764 OF 2025 ^^andh^ X 11i AUG 2025 mi, ‘5;^ Current Section DISPOSING THE WP WITHOUT COSTS