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2025 DAILYLAW 53285 (AP)

Mrs.Polina Pavani, v. THE UNION BANK OF INDIA

WP/11102/2025 · 2025-04-30

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY j TWO THOUSAND AND TWENTY FIVE I PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH TH AND HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 11102 OF 2025 Between: 1. Mrs.Polina Pavani, W/o Polina Venkata Ravi Kiran, Aged about 34 years, Occ House wife, R/o. D.No. 58-21-7/1, APSEB Colony, Seetharamraju Nagar Butchirajupalem, Visakhapatmam Visakhapatnam District. 2. Mr. Polina Venkata Ravi Kiran, S/o Polina Babu Rao, Aged about 38 Occ Business, R/o. D.No. Nagar, years, Seetharamraju Visakhapatnam District 58-21-7/1, APSEB Colony, Visakhapatmam, Butchirajupalem, ...PETITIONERS AND The Union Bank of India, Rep by it's the Authorized Officer, Main Branch, * Daba Gardens, Visakhapatnam, Visakhapatnam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, by declaring the action of the Respondent Bank proceeding with Auction and took the possession of the petitioners property Flat No.206 in 2"^ floor of Vaibhav Fortune admeasuring 1285 Sq.fts undivided share of land at W.No.16-4 in Haranadhapuram, Nellore, SPSR Nellore District, D.No.1863 while pending SA No.477 of 2022 on the file of Debts Recovery Tribunal at Visakhapatnam illegal, arbitrary bad in law, arbitrary, against principles of natural justice and opposed to public policy and violative of articles 14, 300A of Constitution of India, and consequently to direct the Respondent Bank as not to take possession of the aforementioned properties pending disposal of in SA.No.477 of 2022 before the Debts Recovery Tribunal, Visakhapatnam. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondent Bank to deliver the Possession of Flat No.206 in 2nd floor of "Vaibhav Fortune" admeasuring 1285 Sq.fts undivided share of land at W.No.16-4, D.No. 1863 in Haranadhapuram, Nellore, SPSR Nellore District to the petitioners pending disposal of the SA No.477 of 2022 on the file of the Debts Recovery Tribunal, Visakhapatnam. Counsel for the Petitioners: SRI SREENIVAS CHALLA Counsel for the Respondent: SMT.V. DYUMANI The Court made the following: ORDER • APHC010221782025 Bench Sr.No:-5 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 11102 of 2025 Mrs. Polina Pavani and another ...Petitioners Vs. The Union Bank of India ...Respondent ********** Advocate for petitioners Advocate for respondent Sri Sreenivas Challa Smt V. Dyumani CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE :1st May 2025 PC : The present petition has been filed stating that during the pendency of the proceedings before the Debts Recovery Tribunal, Visakhapatnam, which is considering Securitization Application No.477 of 2022, the respondent bank had dispossessed the petitioners and auctioned the property. 2. This petition is filed in which the petitioners seek a direction to the respondent bank to restore possession. Reference has been made to certain orders which are stated to have been passed by this Court in which directions were issued pending the disposal of the interlocutory application in Securitization Applications in those cases possession be not interfered with. 3. In the instant case, however, we find that the petitioners had since been dispossessed, as stated by the learned counsel for the respondent bank also. f 2 it would be more appropriate to the petitioners to agitate the issue before the D.R.T. We find no merit in the present petition, which is, accordingly 4. dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- B CHITTI JOSEPH assistant registrar OFFICER //TRUE COPY// KSECT! To, 1. The Debts Recovery Tribunal, Visakhapatnam 2. The Authorized Officer, Union Bank of India, Main Branch, Daba Gardens, Visakhapatnam, Visakhapatnam District. 3. One CC to Sri Sreenivas Challa, Advocate [OPUC] 4. One CC to Smt. V. Dyumani, Advocate [OPUC] 5. Three CD Copies. ssb i HIGH COURT DATED:01/05/2025 ORDER WP.No.11102 of 2025 I H MAY 2025 3 Current Section . DISMISSING THE W.P. WITHOUT COSTS