APHC010490182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 25312 OF 2025 Between: 1. Syed Firodose Begum, W/o. Late Syed Khader Mohiddin, Aged about 63 years, Occ- Housewife, R/o. H.No. 7/693-A, Muchapeta, Kadapa District, Andhra Pradesh - 516 001. 2. Zainulabdin, S/o. Late Syed Khader Mohiddin, Aged about 42 years, Occ- Business, R/o. H.No. 7/693-A, Muchapeta, Kadapa District, Andhra Pradesh - 516 001. 3. Syed Moinuddin, S/o. Late Syed Khader Mohiddin, Aged about 43 years, Occ- Business, R/o. H.No. 7/693-A, Muchapeta, Kadapa District, Andhra Pradesh - 516 001 ...Petitioners AND 1. The Debts Recovery Tribunal-ll, Rep. by its Presiding Officer, Triveni Complex, Abids, Hyderabad - 500 001 2. Shriram Finance Limited, Rep. by its Authorized Officer, D. No. 19/228 and 229, Second Floor, BVR Towers, 0pp. Gokul Towers, Kadapa - 516 001. ...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 Certiorari, calling for the records relating to the order dated 26-08-2025 passed by the Debt Recovery Tribunal-ll, Hyderabad in S.A. No.535 of 2023, and quash and set aside the same as being arbitrary, illegal, unconstitutional, violative of Articles 14, 21 and 300-A of the Constitution of India, and contrary to the provisions of the SARFAESI Act 2002 and the Security Interest (Enforcement) Rules, 2002 and Issue a writ, order or direction more particularly in the nature of Mandamus, declaring the possession notice dated 15-12-2023 issued by the Respondent Bank under Section 13(4) of the SARFAESI Act as illegal, void and unenforceable, and consequently direct the respondents not to dispossess the petitioners from the schedule property and to restore their names in possession and connected records lA NO: 2 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 suspend the operation of the impugned order dated 26-08-2025 passed by the DRT-II, Hyderabad in S.A. No.535/2023. pending disposal of the above writ petition lA NO: 3 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 stay all further proceedings pursuant to the demand notices dated 05.10.2023 & 07.10.2023 and possession notices dated 15.12.2023 & 27.12.2023 issued by the 2"'^ Respondent under Section 13(4) SARFAESI, including any auction, sale, or dispossession in respect of the schedule property pending disposal of the above writ petition Counsel for the Petitioners; SRI B V KRISHNA REDDY Counsel for the Respondents; — The Court made the following order: APHC010490182025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-24 AT AMARAVATI [3446] WRIT PETITION NO: 25312 of 2025 Syed Firodose Begum and others ...Petitioners Vs. The Debts Recovery Tribunal and another ...Respondents ********** Advocate for Petitioners Advocate for Respondents Sri B. V. Krishna Reddy CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO : 18th September 2025 DATE PC : Learned counsel for the petitioners states that an appeal has already been preferred by the petitioners before the Debts Recovery Appellate Tribunal, Kolkata (D.R.A.T.) against the order passed by the Debts Recovery Tribunal-ll, Hyderabad dated 26.08.2025 in S.A.No.535 of 2023, which has not been numbered. 2. On a pointed question as to whether the pre-deposit in terms of Section 18 of the Securitisation and Reconstruction of Financial Enforcement of Securities Interest Act, 2002 was also deposited at the time of filing the appeal, learned counsel states that he shall have to take instructions in that regard. We are also not informed as to whether there is any application seeking waiver/reduction of the pre-deposit filed before the D.R.A.T. Assets and or not. 2 3. Since the petitioners are already before the D.R.A.T., D.R.A.T. to dispose of the application for weeks from today in the appeal, which defects which are otherwise pointed out we direct the waiver, if it is filed, within two (2) is yet to be numbered in case the are removed. Status quo shall be maintained with regard to the property in question only for a period of six (6) weeks from today with a view to enable the D.R.A.T. to pass appropriate orders in that regard. 4. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT,REGISTRAR SECTION OFFICER 1. The Presiding Officer, Debts Recovery Tribunal-ll, Triveni Complex, Abids, Hyderabad - 500 001 2. The Presiding Officer, Debts Recovery Appellant Tribunal (DRAT), 9, Old Post Office Street, 7th Floor, Kolkata - 700001 [BY RPAD] 3. The Authorized Officer, Shriram Finance Limited, D. No. 19/228 and 229, Second Floor, BVR Towers, 0pp. Gokul Towers, Kadapa - 516 //TRUE COPY// To, 001. 4. One CC to SRI B V KRISHNA REDDY Advocate [OPUC] 5. Two CD Copies gsg . 'l' HIGH COURT DATED: 18/09/2025 ORDER WP NO. 25312 OF 2025 1 o\ ^ 2 3 SEP 2025 m; W* O Current beeuon ^ disposing the wp WITHOUT COSTS