GAYATHRI COTTON GINNING MILLS v. THE CITY UNION BANK LTD
WP/812/2025 · 2025-01-09
Dhiraj Singh Thakur, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3448 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3448 (AP) · dailylaw.ai ]
Judgment text
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 s; ii< PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 812 OF 2025 Between: M/s Gayathri Cotton Ginning Mills, Rep. by its Managing Partner Challa Rajasekhara Reddy, S/o. Krishna Reddy, Aged about 64 years, R/o.D.No.3-82/1, Vinayaka Temple Center, Pedaparimi Village, Thuluru Mandal, Guntur, Guntur District. ...Petitioner AND
1. The City Union Bank Ltd, Rep. by its Authorized officer/ Chief Manager, P.C.Bhaskaran, S/o. P.R.Chitti Babu, Aged about 52 years, O/o. H.No.6-9-24, 9/1, Arundelpet, Guntur - 522 002. 2. The Debt Recovery Tribunal, Rep. By its Registrar,31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh -530 020. ...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 2nd Respondent in not deciding the I.A.No.3554 of 2024 in S.A.No.601
of 2024 and the action of the Respondent Bank in making attempts to take over the Possession of the residential Property i.e., House bearing D.No.4- 6-35, Koritepadu, Guntur, Guntur District. as per the orders of the Principal Assistant Sessions Judge, Guntur-Cum-Chief Judicial Magistrate, Guntur by its order dated 18.12.2024, in Crl.M.P.No.809 of 2024, through the Advocate commissioner is illegal, contrary to Principles of Natural Justice, consequently to direct the 1st Respondent not to take Possession of the aforementioned property, till the IA.No.3554 of 2024 in S.A.No.601 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 1st Respondent Bank not to take Possession of the residential Property i.e.. House bearing D.No.4-6-35, Koritepadu, Guntur, Guntur District., till the I.A.No.3554 of 2024 in S.A.No.601 of 2024 before the Hon'ble DRT, Visakhapatnam is decided. Counsel for the Petitioner: SRI.
S DILIP JAVA RAM Counsel for the Respondents: SRI S SATYANARAYANA MOORTHY The Court made the following order:
APHC010016262025 Bench Sr.No:-15 [3446] IN THE HIGH COURT OF minumka pRADESH AT AMARAVATI WRIT PETITION NO: 812 of 2025 M/s. Gayathri Cotton Ginning Mills ...Petitioner Vs. The City Union Bank Ltd and another ...Respondents ********** Advocate for petitioner Advocate for respondents Sri S. Dilip Jaya Ram Sri S. Satyanarayana Moorthy
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 (D.R.T.) by filing S.A.No.601 of 2024 on 13.11.2024.
2. It is stated that on various dates of hearing, the D.R.T. had issued directions for filing counter affidavit as also the reply affidavit and now, the matter is fixed on 06.02.2025 and that the D.R.T. has not yet passed any orders in I.A.No.3554 of 2024 filed along with the S.A. before the D.R.T. It is stated that in case the possession of the petitioner is not protected till such time the D.R.T. passes a considered order in the I.A. supra, the matter before the D.R.T. will be rendered infructuous.
2 In the peculiar facts and circumstances of the case, we dispose of this petition with a direction to the D.R.T. to pass appropriate speaking orders in I.A.No.3554 of 2024 filed along with S.A.No.601 of 2024 preferably, within a period of three (3) weeks from today. Till such time an order is passed in the said I.A., status quo be maintained with regard to the possession of the petitioner. No order as to costs.
3. Pending miscellaneous applications, if any, shall stand closed.
SD/- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To, The Authorized officer/ Chief Manager, City Union Bank Ltd, P.C.Bhaskaran, S/o. P.R.Chitti Babu, Aged about 52 years, O/o.H.No.6- 9-24, 9/1, Arundelpet, Guntur - 522 002.
2. The Registrar, Debt Recovery Tribunal, 31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh -530 020.
3. One CC to Sri. S Dilip Jaya Ram Advocate [OPUC]
4. One CC to Sri. S Satyanarayana Moorthy Advocate [OPUC]
1.
5. Three CD Copies GSC
HIGH COURT DATED:09/01/2025
ORDER WP.No.812 of 2025 0 9 JAN 20?5 Current Section PAT C i Co O DISPOSING OF THE WP WITHOUT COSTS