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2025 DAILYLAW 41412 (AP)

G S TRADERS v. HONBLE DEBTS RECOVERY TRIBUNAL

WP/24580/2025 · 2025-11-19

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010466972025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE WRIT PETITION NO: 24580/2025 Between: 1. G S TRADERS, A REGISTERED PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER, MR. KANNA SATYANARAYANA, S/O VENKATRAMA RAO, AGED 62 YEARS, R/O D.NO.479, AMARAVATHI ROAD, GOOTLAPADU, ANDHRA PRADESH 1. HONBLE DEBTS RECOVERY TRIBUNAL, VISAKHAPATNAM REP BY ITS REGISTRAR, O/O D. NO. 3313121 NARAYANA BHAVANAM SAIBABA STREET DABAGARDENS VISAKHAPATNAM 2. THE AUTHORIZED OFFICER, UNION BANK KORETIPADU BRANCH, GUNTUR, ANDHRA PRADESH. 3. UNION BANK OF INDIA, REP. BY ITS BRANCH MANAGER, KORETIPADU BRANCH, GUNTUR, ANDHRA PRADESH. 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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus setting aside the order dated 30.12.2024 passed in S.A. No.414/2022 by the Hon'ble DRT, Visakhapatnam consequently quash the same (b)To direct restoration of possession of the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 24580/2025 G S TRADERS, A REGISTERED PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER, MR. KANNA SATYANARAYANA, S/O VENKATRAMA RAO, AGED 62 YEARS, R/O D.NO.479, AMARAVATHI ROAD, GOOTLAPADU, GUNTUR DISTRICT, ANDHRA PRADESH - 522034. ...PETITIONER AND HONBLE DEBTS RECOVERY TRIBUNAL, VISAKHAPATNAM REP BY ITS REGISTRAR, O/O D. NO. 3313121 NARAYANA BHAVANAM SAIBABA STREET DABAGARDENS VISAKHAPATNAM THE AUTHORIZED OFFICER, UNION BANK KORETIPADU BRANCH, GUNTUR, ANDHRA PRADESH. UNION BANK OF INDIA, REP. BY ITS BRANCH MANAGER, KORETIPADU BRANCH, GUNTUR, ANDHRA PRADESH. ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in andamus setting aside the order dated 30.12.2024 passed in S.A. No.414/2022 by the Hon'ble DRT, Visakhapatnam consequently quash the same (b)To direct restoration of possession of the IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE TWENTIETH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SRI JUSTICE TUHIN KUMAR GEDELA G S TRADERS, A REGISTERED PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER, MR. BY ITS MANAGING PARTNER, MR. KANNA SATYANARAYANA, S/O VENKATRAMA RAO, AGED 62 YEARS, R/O D.NO.479, GUNTUR DISTRICT, ...PETITIONER HONBLE DEBTS RECOVERY TRIBUNAL, VISAKHAPATNAM REP BY ITS REGISTRAR, O/O D. NO. 3313121 NARAYANA BHAVANAM THE AUTHORIZED OFFICER, UNION BANK OF INDIA, KORETIPADU BRANCH, GUNTUR, ANDHRA PRADESH. UNION BANK OF INDIA, REP. BY ITS BRANCH MANAGER, KORETIPADU BRANCH, GUNTUR, ANDHRA PRADESH. ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in andamus setting aside the order dated 30.12.2024 passed in S.A. No.414/2022 by the Hon'ble DRT, Visakhapatnam consequently quash the same (b)To direct restoration of possession of the 2 CMR,J & GTK,J W.P.No.24580 of 2025 schedule property to the Petitioner (c)And grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA 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 pleased to grant stay of possession notice in Crl.M.P. No.706/2025 dated 20.07.2025, and/or pass IA 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 pleased to direct the respondent to allow the petitioner to utilize the premises Flat bearing No 502 in Harika Nestle to an extent of 1925 Sq.ft located in 6/13, Brodipet, Guntur, A.P and/or pass Counsel for the Petitioner: 1. MEDAPATI SANTOSH REDDY Counsel for the Respondent(S): 1. V DYUMANI 2. 3 CMR,J & GTK,J W.P.No.24580 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition is filed challenging the sale notice issued by the Bank for sale of the secured asset in the auction. 2. When the matter is taken up for hearing, Ms. V.Dyumani, learned Standing Counsel for the respondent Nos.2 and 3-Union Bank of India, on instruction, submits that the auction could not be held as there are no bidders, who came forward to participate in the auction and the auction was cancelled. 3. In that view of the matter, nothing survives in this writ petition for adjudication. 4. But, as regards the grievance of the petitioner relating to the possession that is taken in the matter, the petitioner has to pursue his remedy before the Debts Recovery Tribunal, which is an appropriate forum for redressal of his grievance. Granting liberty to that extent, subject to law limitation, this Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 20.11.2025 MDP