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2025 DAILYLAW 45422 (AP)

TAMMINENI CHANDRASEKHAR SRINIVAS v. BRANCH MANAGER

WP/16558/2024 · 2025-04-21

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) AMARAVATI TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: np 2024 ■Jtr. THAKUR Between: Tammineni Chandrasekhar Srinivas, S/o.Laxminaravan Aaed Andhra^Pradesh Kamavarapukota® about 56 years Mandal, Eluru Dist ...PETITIONER AND iirRo“ad"Gl"iva3rK^li;^a°DS 2. The Recovery officer-ll, Debts Recovery Tribunal At Visakhapatnam ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ, or order or direction, particularly, one in the nature of Writ of declaring the Presiding Officer, Mandamus may more action of the Learned dismissing dated 23.07.2024, pending appiications for grant of stay in i.A.No. 1066/2024 in AOR No.2/2024 on his file the file of debts Recovery of Tribunal at Visakhapatnam as iliegai arbitrary, against law, as well as principles of natural justice DRT, Visakhapatnam in M.A.No.5/2024 in O.A.No.857/201 5 lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to Suspend the Operation of the Order dated;23.07.2024 passed in M.A.No.5/2024 in O.A.No.857/2015 till the disposal of stay petition i.e. I.A.No. 1066/2024 in AOR No.2/2024 on the file of the Learned Presiding Officer, Debts Recovery Tribunal, Visakhapatnam disposal of the above writ petition. pending 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 permit the petitioner to place additional material necessary for effective adjudication of the present Writ Petition. on record Counsel for the Petitioner : SRI GHANTA RAMA RAO SENIOR COUNSEL FOR SRI GHANTA SRIDHAR Counsel for the Respondent No.1 : SMT. V. DYUMANI, SC FOR UNION BANK OF INDIA Counsel for the Respondent No.2 : NONE APPEARED The Court made the following: ORDER r APHC010327412024 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-38 AT AMARAVATI [3483] SMB 0SS WRIT PETITION NO: 16558 of 2024 Tammineni Chandrasekhar Srinivas ...Petitioner Vs. Branch Manager and Others ...Respondent(s) ********** Advocate for Petitioner: Mr. Ghanta Rama Rao, Senior Counsel, appearing vice Mr. Ghanta Sridhar Advocate for Respondent; Mrs. V. Dyumani CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 22"'^ April 2025 Per DHIRAJ SINGH THAKUR. CJ: The petitioner filed an application before the D.R.T. for setting aside the ex parte order, dated 25.05.2017, and since the application was filed with a delay of 2438 days, M.A. No.05 of 2024 was filed seeking condonation of the said delay. The application, however, came to be dismissed by the D.R.T. on the ground that the petitioner/applicant had not properly explained reasons for the long delay. Learned counsel for the respondent states that in view of an alternate remedy available by way of an appeal before the D.R.A.T, this Court may not exercise its writ jurisdiction. 2 HCJaRC, J W.P.No:16558of2024 Considering the fact that an equally efficacious alternate remedy i: available to the petitioner, we cannot persuade ourselves to invoke the extraordinary writ jurisdiction considering more so in the backdrop of the ratio of the Apex Court in United Bank of India v. Satyawati Tondon^and Celir LLP v. Bafna Motors (Mumbai) (P) Ltd^. IS The writ petition is, accordingly, disposed of with liberty to avail the appropriate remedy. No costs. Pending miscellaneous applications, if any, shall stand closed. ' (2010) 8 see 110 ^ (2024) 2 see 1 Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Branch Manager, Union Bank of India, (e-Andhra Bank), Main Branch, Eluru Road, Gudivada, Krishna District. The Recovery officer-ll. Debts Recovery Tribunal At Visakhapatnam A.P. One CC to Sri Ghanta Sridhar, Advocate [OPUC] One CC to Smt. V. Dyumani, SC for Union Bank of India [OPUC] Three C.D. Copies. 2. 3. 4. 5. Cnr sree HIGH COURT DATED:22/04/2025 ORDER WP.No.16558of2024. I 4 M4V Wi- S tf ^ Curreiu oecuon ^ 1*2. DISPOSING OF THE W.P. WITHOUT COSTS