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2025 DAILYLAW 32532 (AP)

PADMAVATHI ENTERPRISES v. THE VISAKHAPATNAM CO-OPERATIVE BANK LTD.,

WP/26362/2025 · 2025-09-25

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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APHC010480282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 26362 of 2025 Bench Sr.No:-10 [3446] Padmavathi Enterprises and Others ...Petitioner(s) Vs. The Visakhapatnam Cooperative Bank Ltd and Others ...Respondent(s) ********** Advocate for Petitioners: Mr. Perla Nookaraju Advocate for Respondents: - CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 26th September, 2025. P C : The petitioners state that they had already approached the Debts Recovery Tribunal, Visakhapatnam, by way of S.A.No.395 of 2024 along with interlocutory application bearing I.A. No.2543 of 2025 seeking interim protection in which no orders have been passed and that in the meantime, the petitioners are being sought to be dispossessed by resorting to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which would render the proceedings before the D.R.T academic. 2. Considering the limited nature of controversy, we dispose of this Writ Petition with a direction to the D.R.T to pass appropriate orders in the interlocutory application filed by the applicants seeking interim protection in 2 HCJ & RRRJ WP_26362_2025 I.A. No.2543 of 2025 in S.A.No.395 of 2024 preferably within eight weeks from today. In the meantime, status quo shall be maintained with regard to the possession of the petitioners. 3. We, however, make it clear that in case the D.R.T finds that the petitioners are in any manner trying to delay the consideration of the I.A. or for that matter disposal of the S.A., it would be open to the Tribunal to pass appropriate orders in that regard. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ. R. RAGHUNANDAN RAO, J. SSN