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2025 DAILYLAW 50299 (AP)

RAMA LAKSHMI STEELS AND CEMENT v. THE DEBT RECOVERY TRIBNUNAL

WP/28799/2025 · 2025-10-15

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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..:S APHC010558592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 28799 OF 2025 Between: 1. Rama Lakshmi Steels and Cement, Represented by its Proprietor Korada Rama Lakshmi, W/o. V.Bhaskar Krishna Raj, Aged 40 years, R/o. Plot No.3, Lurdhu Nagar, Paradesipalem Visakhapatnam, Visakhapatnam District. 2. Korada Rama Lakshmi, Occ: Proprietor of M/s Rama Lakshmi Steels and Cement W/o. V. Bhaskar Krishna Raj, Aged 40 years, R/o. Plot No.3, Lurdhu Nagar, Paradesipalem, Madhurawada, Visakhapatnam, Visakhapatnam District. 3. Vardhanapu Bhaskar Krishna Raj, S/o. V. Swatantra Rao, Aged 45 years, R/o. Plot No.3, Lurdhu Nagar, Paradesipalem, Madhurawada, Visakhapatnam, Visakhapatnam District. 4. Marigold Ganta, W/o. V. Swatantra Rao, Aged 65 years, R/o. H.No. 15- 3-128, Virodhula Vari Street, Polavaram, Jangareddygudem, West Godavari District. Madhurawada ...Petitioners AND 1. The Debt Recovery Tribnunal, Represented by its Chairman Visakhapatnam, Visakhapatnam District. ■r;% 2. State Bank of India, Represented by its Authorized Officer, Vellanki Anandapuram Mandal, Branch (11113), Vellanki Main Road Visakhapatnam District. 3. State Bank of India, Represented by its Chief Manager, Anandapuram Mandal, Vellanki Branch (11113), Vellanki Main Road, Visakhapatnam District. ...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 any appropriate Writ, order or Direction preferably a Writ in the nature of Writ of Mandamus declaring the action of the Respondent No.1 in endorsing the Securitization Application (S.A.) in Diary No. 1876 of 2025 as barred by limitation without any judicial determination, consequently refusing to number the S.A. and failing to list the accompanying urgent Delay Condonation Petition and Stay Petition, despite the imminent and coercive threat of sale and dispossession being pursued by the RespondentBank as illegal, arbitrary, violative of fundamental rights guaranteed to the Petitioner under Article 14, 19 and 21 of Constitution of India and violative of the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and consequently to direct the Respondent No.1 to immediately number the S.A. (Diary No.1876 of 2025) by considering the Delay Condonation Petition 1.A.No.3855 of 2025 and the Stay Application in I.A.No.3854 of 2025 on the file of the 1®* Respondent as expeditiously as possible. lA NO: 1 OF 2025 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 grant stay of all further proceedings with respect to the possession of the secured property in Sy.No.177, situated in Plot No.3 Ward No.5 Paradesipalem, Madhurawada, Visakhapatnam, until the Stay application in I.A. No.3854 of 2025 is heard and disposed of by the Respondent No.1 Tribunal. Counsel for the Petitioners: SRI SHAIK SHAHEDAZ Counsel for the Respondents: NONE APPEARED The Court made the following order: 1 APHC010558592025 Bench Sr.No:- LM-1 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 28799 of 2025 M/s. Rama Lakshmi Steels and Cement and others ...Petitioners Vs. The Debts Recovery Tribunal and others ...Respondents ********** Advocate for Petitioners Ms. Shaik Shahedaz Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 16th October 2025 PC : The case of the petitioners is that an application has been filed since before the Debts Recovery Tribunal which is beyond the period of limitation by a delay of about 21 days. The Registry of the DRT, however, has endorsed as the same being filed beyond limitation and the same has not been placed before the Presiding Officer. It is stated that, in the meantime, the Bank authorities are seeking to dispossess the petitioners from the secured asset. We dispose of this petition with a direction to the DRT to consider the application for condonation of delay on its own merits. Until the appropriate 'S % 2 HCJ & RRRJ W.P.No.28799of2025 orders are passed, status quo be maintained with regard to the possession of the petitioners. No costs. Consequently, connected miscellaneous applications pending, if any. shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Debt Recovery Tribnunal, Visakhapatnam District. Visakhapatnam 2. The Authorized Officer, State Bank of India, Vellanki Branch (11113), Vellanki Main Road, Anandapuram Mandal, Visakhapatnam District. 3. The Chief Manager, State Bank of India, Vellanki Branch (11113), Vellanki Main Road, Andndapuram Mandal, Visakhapatnam District. 4. One CC to Sri Shaik Shahedaz, Advocate [OPUC] 5. Two CD Copies Cnr r HIGH COURT DATED: 16/10/2025 ORDER WP NO. 28799 OF 2025 S( 16 OCT 2025 Oil DISPOSING OF THE W.P. WITHOUT COSTS