¥ \ APHC010197402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ^ AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9870 OF 2025 Between: 1. M/s Sree Ratna Paper Products, Represented by its Managing Partner, Sri Velicheti Vijay, S/o. V.V.S.T. Mallikarjuna Rao, R/o Door No. 17-12- 7, Flat No.S-1, Second Floor, Sri Vinayaka Residency, Krishna Nagar, Seethamma Peta, Rajahmundry, Andhra Pradesh. 2. Smt. Velicheti Uma Parvathi,, W/o. V.V.S.T.Mallikarjuna Rao, Hindu, aged 63 years, R/o Door No. 17-12-7, Flat No.S-1 ,Second Floor, Sri Vinayaka Residency, Krishna Nagar, Rajahmundry, Andhra Pradesh Seethamma Peta ...Petitioners AND 1. Indian Bank, Represented by its Authorized Officer, Rajahmundry Branch, situated at Door No. 36-2-2, Shyamalamba Road, Innispeta, Rajahmundry -533101. 2. The Branch Manager, Indian Bank, Rajahmundry Branch, situated at Dr.No.36-2-2, Shyamalamba Road, Innispeta, Rajahmundry - 533101, Andhra Pradesh. 3. The Debt Recovery Tribunal, Rep. by its Registrar, D.No 31-32-54, Chitralaya Road, Visakhapatnam, Andhra Pradesh 4. M/S Sri Sabiha Food Products, 2-182, Main Road, Milk Centre, Ranganna Gudem, Hanuman Junction, Krishna District -521110, Represented by its Managing Partner. Near Leela Mahal Road, Daba Gardens, ...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, more particularly one in the nature of Writ of Mandamus or any other writ by declaring the inaction of the 3rd respondent in deciding the I.A. No. 689 of 2025 in S.A.No.688 of 2024 and the further action of the 1st respondent / bank in handing over physical possession of the mortgaged property situated in an extent of Acres 6.01 cents situated in RS No.176,' 176-5, 176-1 176-3, Tupakulagudem Village, Pochavaram Panchayat, Tallapudi Mandal, West Godavari District to the 4th respondent without filing counter and without awaiting the outcome of the application as wholly illegal, arbitrary, unjust, untenable, contrary of Principles of Natural Justice, provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and rules framed there under besides being violative of Article 14 21 and 300-A of Constitution of India. 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 respondents 1, 2 and 4 not to remove the plant and machinery from the petitioner’s unit situated in an extent of Acres 6.01 cents situated in RS No. 176, 176-5, 176-1, 176-3, Tupakulagudem Village, Pochavaram Panchayat, Tallapudi Mandal, West Godavari District till the I.A. No. 683 of 2025 in S.A.No.688 of 2024 is decided by the 3rd respondent. lA NO: 2 OF 2025 Between: M/S Sri Sabiha Food Products, 2-182, Main Road, Milk Centre, Ranganna Gudem, Hanuman Junction, Krishna District -521110, Represented by its Managing Partner. ...Petitjoner/4^^ Respondent AND 1. M/s Sree Ratna Paper Products, Represented by its Managing Partner, Sri Velicheti Vijay, S/o. V.V.S.T. Mallikarjuna Rao, R/o Door No. 17-12- 7, Flat No.S-1, Second Floor, Sri Vinayaka Residency, Krishna Nagar, Seethamma Peta, Rajahmundry, Andhra Pradesh. 2. Smt. Velicheti Uma Parvathi,, W/o. V.V.S.T.Mallikarjuna Rao, Hindu, aged 63 years, R/o Door No. 17-12-7, Flat No.S-1 ,Second Floor, Sri Vinayaka Residency, Krishna Nagar, Rajahmundry, Andhra Pradesh Seethamma Peta Petitioners/Respondents 3. Indian Bank, Represented by its Authorized Officer, Rajahmundry Branch, situated at Door No. 36-2-2, Shyamalamba Road, Innispeta, Rajahmundry -533101. 4. The Branch Manager, Indian Bank, Rajahmundry Branch, situated at Dr.No.36-2-2, Shyamalamba Road, Innispeta, Rajahmundry - 533101, Andhra Pradesh. 5. The Debt Recovery Tribunal, Rep. by its Registrar, D.No 31-32-54, Chitralaya Road, Near Leela Mahal Road, Daba Gardens, Visakhapatnam, Andhra Pradesh ...Respondents/Respondents 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 vacate the interim order dt. 17-04-2025 passed in I.A.No. 1 of 2025 in W.P. No. 9870 of 2025 and consequently dismiss the Writ Petition. Counsel for the Petitioners: SRI S V S S SIVARAM FOR M/S CKR ASSOCIATES Counsel for the Respondent Nos. 1 and 2: SRI SREEDHAR VALIVETI Counsel for the Respondent No. 4: SRI SIVA RAMA KRISHNA KOLLURU The Court made the following order: APHC010197402025 Bench Sr.No:-32 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 9870 of 2025 M/s Sree Ratna Paper Products and another ...Petitioners Vs. Indian Bank and others ...Respondents ********** Advocate for Petitioners Mr. S V S S Sivaram for CKR Associates Advocate(s) for Respondent(s): Mr. Sreedhar Valiveti for R.1 & R.2 Mr. Siva Rama Krishna Kolluru for R.4 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVr CHEEMALAPATI : 14^^ October, 2025 DATE P C : Learned counsel for the parties are not averse to the disposal of the present petition, at this stage, with a direction to the Debts Recovery Tribunal, Visakhapatnam, to dispose of IA.No.683 of 2025 in SA.No.688 of 2024, within a period of one month from today. Ordered accordingly. Status quo be maintained till the disposal of IA.No.683 of 2025 in SA.No.688 of 2024. 2 HCJ & RC, J WP_9870_2025 We, however, make it clear that in case the D.R.T finds that the petitioners are in any manner trying to delay the consideration of the I.A, it would be open to the Tribunal to pass appropriate orders in that regard. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/-SHAIK MOHD. RAF! DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Authorized Officer, Indian Bank, Rajahmundry Branch, situated at Door No. 36-2-2, Shyamalamba Road, Innispeta, Rajahmundry - 533101. 2. The Branch Manager, Indian Bank, Rajahmundry Branch, Situated at Dr.No.36-2-2, Shyamalamba Road, Innispeta, Rajahmundry - 533101, Andhra Pradesh. 3. The Registrar, Debt Recovery Tribunal, D.No 31-32-54, Chitralaya Road, Near Leela Mahal Road, Daba Gardens, Visakhapatnam, Andhra Pradesh 4. The Managing Partner, M/s Sri Sabiha Food Products, 2-182, Main Road, Milk Centre, Ranganna Gudem, Hanuman Junction, Krishna District -521110, 5. One CC to M/s CKR Associates Advocate [OPUC] 6. One CC to Sri. Siva Rama Krishna Kolluru Advocate [OPUC] 7. One CC to Sri. Sreedhar Valiveti Advocate [OPUC] 8. Two CD Copies GSC HIGH COURT DATED:14/10/2025 ORDER WP NO. 9870 OF 2025 ( 2 8 OCT 2025 s^^^As^rent Section^y, DISPOSING THE WP WITHOUT COSTS