DAGUPATTI MALLESWARI v. THE DEBTS RECOVERY TRIBUNAL
WP/25564/2025 · 2025-09-17
Dhiraj Singh Thakur, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54836 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54836 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010498472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 25564 OF 2025 Between:
1. DAGUPATTI MALLESWARI W/o Srinu, aged about D.No. 1-40/A, Brahmamgari Colony,East 3RD lane, Tripuranthakam(v) AND (m), Prakasam District-523326. ...PETITIONER AND
1. THE DEBTS RECOVERY TRIBUNAL, Rep., by its Chairman Visakhapatnam.
2. Cholamandalam Investment and Finance Company Ltd, Off Chola Crest, C-54 AND 55, Super B-4,
600032. Thriu ViKa Industrial Estate, Guindy, Chennai - ...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 an appropriate Writ, order or direction mostly one which is in the nature of Writ of Mandamus declaring the action of the 1ST respondent Tribunal (DRT) in adjourning the S.A.No.527/2025 on the file of Debt Recovery’ Tribunal at Visakhapatnam, by
Order dated 15.09.2025 to 24.09.2025 without considering the interlocutory Application in I.A.No.3505/2025 and I.A.No.3506/2025 in S.A.No.527/2025 as illegal, arbitrary and violative of principles of natural justice and Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 1ST Respondent Tribunal to expediate the proceedings and dispose of the I.A.No.3505/2025 and I.A.No.3506/2025 in S.A.No.527/2025 on the file of Debt Recovery Tribunal, at Visakhapatnam by following due process of law.
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 direct the respondent 2not to interfere with the petitioner property i.e. an extent of 133 Sq yards in survey No. 134/2 at Tripuranthakam Grampanchayat, and mandal. Prakasam district, within Sub-registrar Yerragondapallem, Prakasam District pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI K ARUNA Counsel for the Respondents (R1 to R2) : NONE APPEARED The Court made the following ORDER :
«) [0] APHC010498472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 25564 of 2025 ...Petitioner Dagupatti Malleswari Vs. ...Respondent(s) The Debts Recovery Tribunal and Others ********** Mrs.K Aruna Advocate for Petitioner: Advocate for Respondents;
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE ; 18*^ September 2025 P C : The petitioner states that she has approached the Debts Recovery Tribunal by filing S.A. No. 527 of 2025 along with I.A. Nos. 3505, 3506 of 2025 seeking interim protection, but no orders have been passed thereon. It is stated that in the meantime, the respondents are trying to take possession of the secured asset which would cause irreparable loss and prejudice to the interest of the petitioner, besides making the proceedings before the Tribunal academic. Therefore, we dispose of this petition with a direction to the Debts Recovery Tribunal to pass appropriate speaking orders in I.A. Nos. 3505,
2 HCJ a RC, J W.P. No: 25564 of 2025 3506 of 2025 in S.A. No.527 of 2025 on the next date of hearing, which is on
24.09.2025. Learned counsel for the respondents shall file its objections in the meantime with an advance copy to the learned counsel for the petitioner. Till such time as the appropriate orders are passed, the possession of the petitioner over the secured asset shall not be disturbed. No costs. Pending miscellaneous applications, if any, shall stand closed.
Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// Action officer To,
1. The Debts Recovery Tribunal, Chairman, Visakhapatnam.
2. Cholamandalam Investment and Finance Company Ltd, Off Chola Crests C-54 AND 55, Super B-4,
600032. Thriu ViKa Industrial Estate, Guindy, Chennai -
3. One CC to SRI. K ARUNA Advocate [OPUC]
4. Two CD Copies TAC
HIGH COURT DATED: 18/09/2025
ORDER WP NO. 25564 OF 2025 DISPOSING THE WP WITHOUT COSTS