PUNJAB NATIONAL BANK v. THE DEBT RECOVERY TRIBUNAL
WP/4986/2025 · 2025-03-24
Dhiraj Singh Thakur, Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3608 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3608 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
'I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4986 OF 2025 Between: Punjab National Bank, Rep. by is Authorized Officer B Anil Kumar S/o Mohan aged about 41 years serving as Chief Manager, Circle SASTRA Center, 9-35, 1st Floort, Kavuri Towers Kamaiahthopu, Kanuru, Vijayawada.520007, ...Petitioner AND
1. The Debt Recovery Tribunal, Represented by its Registrar O/o Narayana Bhavanam, Sai Baba Street, Daba Gardens, Visakhapatnam
2. Kandimalla Nageswara Rao, Door No.4-9-13/2, 1st Lane, Vikas Mahila College Road, Vijayapuri, Guntur. 3. Kandimalla Sankara Subba Rao, Door No.4-9-13/2, 1st Lane, Vikas Mahila College Road, Vijayapuri, Guntur. 4. Kandimalla Raghuram, Director, M/s. Jagadguru Cotton Mills Private Limited, Cotton Association Hall, Lakshmipuram, Guntur. 5. Paleti Rajeswari, W/o. Subba Rao Door No.5-8, Behind State Bank, Ediapadu, Guntur. ...Respondents
W' Petition under Article 226 of the Constitution of India praying that in ' the circumstances stated in the affidavit filed therewith be pleased to i nafuj-e of a Writ of Certiorari the High Court may more particularly one in the issue an order or direction any other appropriate writ, calling for the records pertaining to the impugned order Nbf^SO of 2022 or dated 28-11-2024 passed in SA /la*' on the file of D.R.T Visakhapatnam and as arbitrary, illegal and contrary SARFAESI Act and quash the same to the provisions prescribed under consequently set aside same. jA NO: 1 OF Petition under Section 151 stated in the affidavit filed in support of the petition, the High Court may be P eased ,o suspend the orders passed in SA No.230 of 2022 dated 28-11- 2024 on the file of D.R.T. Visakhapa'tnam. SCHEDULE Residential Site at Door No.4-30, Assessment No 2218 Block No.4, l^t Lane, Pandaripuram, Near NRT Junction, Chilakaluripet Municipality admeasuring 117.33 Sq. yards bounded by: East ; Guntur Road Margin 12’0”; South : Property of Betamcherla Rama Koteswara Rao - lOO’OO”’ West : Municipal Road - 12’00”; North : Joint wall between this property and property of Thota Narasaiah -109’00”; CPC praying that in the circumstances Item No.1:- Item No.2:- Vacant plot at D. No.lOMA, Block No.5, Situated in Purushothampatnam Village, Chilakaluripeta Municipal Corporation, Guntur District, admeasuring 464.64 Sq.
yards bounded by: East : National Highway No.16 - 22.5 links; South: Property of Kandimalla Raghu Rama Rao - 435 links- West : 20 links wide Road - 22.5 links; North : Property of Kayala Venkata Subbarao - 435 links- llern No.3:- Vacant site at Plot Nos.13 & 14, Brindavan Nagar - 2 at Sy. No.718/2, 720/B/2, Near Door No.5-34, situated at Martur Village & Mandal, Martur Sub-Registry, Prakasam District admeasuring 225 60 Sq. yards bounded by: East : 20 feet wide road - 31 ’00”; South : Plot No.12 - 65’06”,- West : Plot No.28 - 31’00”; North ; Property of Kandimalla Nageswara Rao - Plot No. 14 -65;06”;
/ Counsel for the Petitioner: SRI A CHANDRAIAH HANUMANTHA RAO BACHINA Counsel for the Respondents: - The Court made the following order: NAIDU for SRI. Bench Sr.No:-34 [3483] APHC010019472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI V WRIT PETITION NO: 4986 of 2025 ...Petitioner Punjab National Bank Vs. ...Respondents The Debts Recovery Tribunal and others ********** Mr. A. Chandraiah Naidu for Mr. Hanumantha Rao Bachina Advocate for Petitioner : Advocate for Respondents:
CORAM ;THE CHIEF780 JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 24th March 2025 PC : In view of the fact that there is an efficacious alternate remedy available to the petitioner by way of filing an appeal before the Debts Recovery Appellate Tribunal and considering the ratio of the judgment rendered by the Apex Court in the case of United Bank of India Vs. Satyawati Tondon\ we are not inclined to exercise our extraordinary writ jurisdiction under Article 226 of the Constitution of India. This writ petition is, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. 1 (2010) 8 see 110 Sd/- M. SRINIVAS ASSISTANT REGISTRAR fl^’OFTOER //TRUE COPY// SEC To,
1. The Registrar, Debt Recovery Tribunal, O/o Narayana Bhavanam, Sai Baba Street, Daba Gardens, Visakhapatnam
2. One CC to Sri. Hanumantha Rao Bachina Advocate [OPUC]
3.
Three CD Copies
HIGH COURT DATE0:24/03/2025 ORDER WP.No.4986 of 2025 DISPOSING OF THE WP WITHOUT COSTS