APHC010620072025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE WRIT PETITION NO: 32057/2025 Between: 1. M/S SRI SATYA ELECTRICAL WORKS,, REP.BY ITS MANAGING PARTNER, VURUM MADHAVI, W/O LATE VURUM LINGAIAH DEVERA, R/O D.NO. 17 RAMACHANDRAPURAM, DR. B.R A (ERSTWHILE EAST GODAVARI) DISTRICT. 2. VURUM MADHAVI,, W/O LATE VURUM LINGAIAH DEVRA, AGED. 46 YEARS, R/O D.NO. 17 RAMACHANDRAPURAM, DR. B.R AMBEDKAR KONA SEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. 1. UNION BANK OF INDIA, (Erstwhile Andhra Bank), Ramachandrapuram Branch, D.No. 22 Complex, 0pp. Old Bus Stand, Ramachandrapuram Ambedkar Kona Seema (Erstwhile East Godavari) District. Rep. Chief Manager and Authorized Officer. 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 an appropriat particularly one in the nature of Writ of Mandamus declaring the action of the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE EIGHTEENTH 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: 32057/2025 M/S SRI SATYA ELECTRICAL WORKS,, REP.BY ITS MANAGING PARTNER, VURUM MADHAVI, W/O LATE VURUM LINGAIAH DEVERA, R/O D.NO. 17-6-22, VEERRAJU MASTER STREET, RAMACHANDRAPURAM, DR. B.R AMBEDKAR KONA SEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. VURUM MADHAVI,, W/O LATE VURUM LINGAIAH DEVRA, AGED. 46 YEARS, R/O D.NO. 17-6-22, VEERRAJU MASTER STREET, RAMACHANDRAPURAM, DR. B.R AMBEDKAR KONA SEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. ...PETITIONER(S) AND UNION BANK OF INDIA, (Erstwhile Andhra Bank), Ramachandrapuram Branch, D.No. 22-3-22/6, Surya Cinemax Complex, 0pp. Old Bus Stand, Ramachandrapuram-533255, Dr. B.R Ambedkar Kona Seema (Erstwhile East Godavari) District. Rep. Chief Manager and Authorized Officer. ...RESPONDENT 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the IN THE HIGH COURT OF ANDHRA PRADESH [3558] EIGHTEENTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SRI JUSTICE TUHIN KUMAR GEDELA M/S SRI SATYA ELECTRICAL WORKS,, REP.BY ITS MANAGING PARTNER, VURUM MADHAVI, W/O LATE VURUM LINGAIAH 22, VEERRAJU MASTER STREET, MBEDKAR KONA SEEMA VURUM MADHAVI,, W/O LATE VURUM LINGAIAH DEVRA, AGED. 22, VEERRAJU MASTER STREET, RAMACHANDRAPURAM, DR. B.R AMBEDKAR KONA SEEMA ...PETITIONER(S) UNION BANK OF INDIA, (Erstwhile Andhra Bank), 22/6, Surya Cinemax 533255, Dr. B.R Ambedkar Kona Seema (Erstwhile East Godavari) District. Rep. by its ...RESPONDENT 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 e writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2 CMR,J & GTK,J W.P.No.32057 of 2025 respondent Bank in initiating proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 and in contemplating to take physical possession of the Immovable Property/Secured Asset i.e., Residential RCC Building having Ground, First and Second Floors situated in an extent of 297.55 Sq.Yards, D.No. 17-6-22, R.S No. 478/1 and 480/1, Ward No. 10, Block No. 17, Veerraju Master Street, Ramachandrapuram, Dr. B.R Ambedkar Kona Seema (Erstwhile East Godavari) District, through an Advocate-Commissi oner appointed by the Hon'ble Chief Judicial Magistrate cum Principal Civil Judge (Senior Division) Rajamahendravaram in Crl.M.P.No.329/2025, in respect of Loan Account Nos.046731100000265 and 046730100116283, as illegal, irregular, irrational and violation of the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 besides violation of Principles of Natural Justice, and to consequently direct the respondents bank to consider the petitioner's request for payment of the balance due amount by granting considerable time and to pass 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 interim stay of all further proceedings in pursuance of the orders in Crl.M.P.No.329/2025 on the file of Chief Judicial , Magistrate cum Principal Civil Judge (Senior Division) Rajamahendravaram and notice issued by the Advocate-Commissioner to take physical possession of the Immovable Property/Secured Asset i.e.,Residential RCC Building having Ground, First & Second Floors situated in an extent of 297.55 Sq.Yards, D.No. 17-6-22, R.S No. 478/1 & 480/1 ward no 10, Block No. 17, Veerraju Master Street, Ramachandrapuram, Dr. B.R Ambedkar Kona Seema (Erstwhile East Godavari) District, in respect of Loan Account Nos.046731100000265 & 046730100116283 of the Respondent bank, during the pendency of this writ petition, in the interest of justice and to pass Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent: 1. 3 CMR,J & GTK,J W.P.No.32057 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard Mr. K.Jyothi Prasad, learned counsel for the petitioners. Mrs. V.Dyumani, learned Standing Counsel for Union Bank of India takes notice for the sole respondent. We have heard learned Standing Counsel for the respondent also. 2. Challenging the proceedings initiated by the respondent-Union Bank of India (for short, ‘Bank’) under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) and the attempt being made to take physical possession of immovable property, which is a secured asset of residential building through an advocate commissioner appointed by the learned Chief Judicial Magistrate- cum-Principal Senior Civil Judge, the petitioners have filed the instant writ petition. 3. At the time of hearing the application, it is brought to the notice of this Court both by learned counsel for the petitioners and learned Standing Counsel for the respondent-Bank that already the petitioners have approached the Debt Recovery Tribunal by way of filing S.A.No.537 of 2025, questioning the legal validity of the proceedings issued under Section 14 of the SARFAESI Act and that a stay petition was also filed. 4. Therefore, when the petitioners have already approached the Debt Recovery Tribunal challenging the proceedings issued under the SARFAESI Act, we are not inclined to interfere in this writ petition and to entertain the same, so as to permit the petitioners to maintain parallel proceedings before the Debt Recovery Tribunal and the present Court relating to the same proceedings. 5. However, it is the grievance of the petitioners that even though the stay petition was filed, it was posted to a distant date and upon filing an application 4 CMR,J & GTK,J W.P.No.32057 of 2025 to advance the said stay petition, it is advanced to 24.11.2025, for filing vakalath and counter and that the same is pending and he submits that there is an urgency to dispose of the said application, in view of the fact that the Bank is now contemplating to take physical possession of the residential house. 6. In that view of the matter, considering the said limited grievance of the petitioners, the Writ Petition is disposed of with a direction to the Debt Recovery Tribunal to hear and dispose of the said stay petition expeditiously on or before 01.12.2025. The Bank has to file its counter on or before 24.11.2025 without fail. Thereafter, the Debt Recovery Tribunal shall hear the application and pass appropriate orders, according to law on it, on or before 01.12.2025. There shall be an interim direction to the advocate commissioner not to take physical possession of the property pursuant to the order passed by the learned Chief Judicial Magistrate-cum-Principal Senior Civil Judge till 01.12.2025. 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: 18.11.2025 Note: Issue C.C. by 20.11.2025 B/o., MDP