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2025 DAILYLAW 54815 (AP)

CHELLANGI GOPI v. The Debt Recovery Tribunal (DRT)

WP/35499/2025 · 2025-12-21

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010677082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.35499 of 2025 Between: 1. CHELLANGI GOPI, S/O. SATYANARAYANA, MALE, AGE 37 YEARS, R/O. D.NO.10-8-44/A, OLD SUPER BAZAAR STREET, CHINNARANGANPALEM, BHIMAVARAM 1 TOWN. WEST GODAVARI DISTRICT-534201 ...PETITIONER AND 1. THE DEBT RECOVERY TRIBUNAL DRT, VISAKHAPATNAM 530001 2. THE AUTHORIZED OFFICER, THE ARYAPURAM CO- OPERATIVE URBAN BANK LTD, BHIMAVARAM BRANCH 534201 3. THE BRANCH MANAGER, THE ARYAPURAM CO-OPERATIVE URBAN BANK LTD, BHIMAVARAM BRANCH- 534201 4. G SRINIVASA REDDY, ADVOCATE COMMISSIONER, CORNERSTONE VILLAS, 3RD STREET, VIA BODHAPURAM, ELURU, ELURU DISTRICT.534001 2 ...RESPONDENT(S): Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.35499 of 2025 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. The only grievance of the writ petitioner is that the stay petition filed by him before the Debts Recovery Tribunal, Visakhapatnam, in I.A.No.4206 of 2025 in S.A.No.661 of 2025 is not being disposed of even though there is an urgency to dispose of the same in view of the fact that an Advocate Commissioner was appointed by the Chief Judicial Magistrate-cum-Principal Civil Judge (Senior Division), West Godavari District, Eluru, to take possession of the secured asset. 3. In view of the said limited grievance of the writ petitioner, the writ petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to hear the stay petition in I.A.No.4206 of 2025 in S.A.No.661 of 2025 expeditiously and dispose of the same according to law within a period of fifteen days from the date of this order. Till the said stay petition is disposed of within the time stipulated hereinabove, there shall be interim direction to the respondents not to take physical possession of the property. If the petitioner fails to cooperate with the Tribunal to dispose of the said stay petition within fifteen days as directed above, the above interim direction stands vacated without any further reference to the Court. 4 As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 22.12.2025 Note:- Issue CC by tomorrow. (B/o) IBL 5 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.35499 of 2025 Dt: 22.12.2025 IBL