Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 741 OF 2025 Between: Pinnamaneni Chandra Sekhar, S/o.P.Sambasiva Rao, Aged 50 Years, Occ Business, R/o.H.No-331, Sitha Ram Nagar, 3rd Line, Beside Bharath Gas, Guntur, PIN 522001. ...Petitioner AND
1. Karur Vysya Bank, Rep. By its Authorised Officer, D.No. 22-4-105, Near Jinnah Tower Centre, Lalapet, Guntur, PIN 522003.
2. The Debt Recovery Tribunal, Rep. By its Registrar,31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh 530020. ...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 a writ order or direction more particularly in the nature of writ of Mandamus or any Appropriate Writ by declaring the inaction of the Respondent No-2 in not deciding the I.A.No. 3935 of 2024 in S.A.No. 661 of 2024 and the action of the First Respondent/Bank in making
% attempts to take over the Possession of the Properties Mortgaged to the bank and to Proceed with the Auction on 16-01-2025 is illegal, contrary to Principles of Natural Justice, consequently to direct the First Respondent not to take the Possession of the Mortgaged Properties, not to conduct the Auction of the Properties, till the I.A.No. 3935 of 2024 in S.A.No. 661 of 2024, before the Hon’ble DRT, Visakhapatnam is decided.
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 First Respondent not to take the Possession of the Mortgaged Properties, not to conduct the Auction of the Properties, till the I.A.No. 3935 of 2024 in S.A.No. 661 of 2024, before the Hon’ble DRT, Visakhapatnam is decided. Counsel for the Petitioner: SRI. S SATYANARAYANA MOORTHY Counsel for the Respondents: SRI SREEDHAR VALIVETI The Court made the following order:
APHC010014632025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-i3 AT AMARAVATI [3446] WRIT PETITION NO: 741 of 2025 Pinnamaneni Chandra Sekhar ...Petitioner Vs. Karur Vysya Bank and another ...Respondents ********** Advocate for petitioner Advocate for respondents Sri S. Satyanarayana Moorthy Sri Sreedhar Valiveti
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 9th January 2025 PC : The petitioner claims that against the action of the respondent bank proceedings have already been initiated before the Debts Recovery Tribunal Visakhapatnam by filing S.A.No.661 of 2024.
2. It is stated that now, the matter has been fixed on
10.01.2025. However, in the meantime, the petitioner is sought to be dispossessed from the premises in question, which is a secured asset with the respondent bank which would render the proceedings before the D.R.T. academic in case the petitioner’s possession is not protected in the meantime. Considering the peculiar facts and circumstances of the case and in
order to prevent the proceedings before the D.R.T. render infructuous, we
3.
2 direct ststus quo be maintained with regard to possession of the petitioner i; regard to the asset in question till such time a considered order is passed in I.A.No.3935 of 2024 filed along with S.A.No.661 of 2024 by the D.R.T. in (
4. We, however, make it clear that in case the D.R.T. feels that the proceedings are sought to be delayed by the petitioner, it would be open to pass appropriate orders accordingly.
5. Accordingly, the Writ Petition is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.
Sd/-K.SRINIVASA RAJU ASSISTANT REGISTRAR SE0ftONt5FFICER //TRUE COPY// To
1. The Authorised Officer, KarurVysya Bank, D.No. 22-4-105, Near Jinnah Tower Centre, Lalapet, Guntur, PIN 522003.
2. The Registrar, Debt Recovery Tribunal, 31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh 530020.
3. One CC to Sri. S Satyanarayana Moorthy Advocate [OPUC] One CC to Sri. Sreedhar Valiveti Advocate [OPUC]
4.
5. Three CD Copies GSC
HIGH COURT DATED:09/01/2025
ORDER WP.No.741 of 2025 I 10 JAN 2025 ^ . Current Section . X:^PATCg^^ OV DISPOSING OF THE WP WITHOUT COSTS