IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 3075 OF 2025 Between: 1. M/s. Bommidala Purnaiah Holdings Private Limited, Office at D. No. 4- 20-24, Ring Road, Guntur. A.P. Represented by its Director Mr. B.V Raja Srinivas 2. M/s. Bommidala Brothers Limited, Office at P.B. No.72, Bommidala House, Mangalagiri, Guntur, A.P. Represented by its Director B.V. Raja Srinivas. 3. Bommidala Venkata Raja Srinivas, S/o. Late Purniaiah, Resident of D. No. 4-20-24, Ring Road, Guntur. 4. Bommidala Padma Lakshmi, P.B. No.72, Mangalagiri, Guntur, A.P. 5. M/s. Chowdary Hotels Private Limited, Adjacent to Women's Polytechnic College, Gujjanagundia, Guntur, A.P. Represented by its Director B. V. Raja Srinivas. Bommidala House ...PETITIONERS AND 1. Union Bank of India, Main Branch, Kothapeta, Guntur - 522 001 Represented by its Authorized Officer. 2. The Recovery Officer-ll, Debts Recovery Tribunal At Visakhapatnam, Andhra Pradesh. ...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 (i) to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring action of the 1®* Respondent bank in trying to confirm the auction proceedings held on 30.01.2025 against iShc subject properties, while the Miscellaneous applications vide M.A. No. 10/2025 and M.A D. No. 163/2025 in O.A No. 552/2021 are pending for • .'adjudication before the Learned Debts Recovery Tribunal, Visakhapatnam ■' and (ii) to direct the 1st respondent bank not to further proceed with the auction proceeding of subject properties, till disposal of the Miscellaneous applications pending before the Hon'ble Tribunal and (iii) to direct the 1 respondent bank to consider One Time Settlement opportunity to the petitioners. St 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 direct the 1®’ respondent bank not to further proceed with the auction proceedings held on 30.01.2025 against subject properties; till pending disposal of this writ petition. Counsel for the Petitioners : SRI B. V. KRISHNA REDDY Counsel for the Respondent No.1 : SMT. V. DYUMANI, SC FOR UNION BANK OF INDIA Counsel for the Respondent No.2 : NONE APPEARED The Court made the following: ORDER APHC010057822025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-24 [3446] AT AMARAVATI WRIT PETITION NO: 3075 of 2025 M/s. Bommidala Purnaiah Holdings Private Limited and others ...Petitioners Vs. Union Bank of India and another ...Respondents ********** Advocate for petitioners Advocate for respondents Sri B. V. Krishna Reddy Ms. V. Dyumani CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 6th February 2025 PC: The petitioners claim that against the order, dated 15.09.2022, in O.A.No.552 of 2021 passed by the Debts Recovery Tribunal, Visakhapatnam M.A.No.10 of 2025 seeking condonation of delay of 833 days in filing an application to set aside the ex parte order dated 15.09.2022 and M.A.D.No.163 of 2025 seeking restoration of the O.A. by setting aside the said ex parte order were filed. It is stated by the learned counsel for the petitioners that pending the 2. disposal of the aforementioned M.As, recovery proceedings have been initiated by the Recovery Officer rendering these two M.As infructuous. Learned counsel for the respondent Bank submits that in the absence of 3. there being any application filed along with M.A.No.10 of 2025 and s 2 M.A.D.No.163 of 2025 seeking stay of the the petitioners to claim ex parte order, there is no basis for any right of stay of proceedings 4. We have heard the learned counsel for the parties. 5. We dispose of this petition application for interim relief M.A.D.No.163 of 2025. with liberty to the petitioners pending disposal of M.A.No.lO to file an of 2025 and be filed not later is filed and and M.A.D.No.163 of 2025, status secured assets. The D.R.T. shall M.As not later than four (4) weeks case there is any attempt by the petitioners The proposed application should than one week from today. Till the proposed application considered along with M.A.No.lO of 2025 quo shall be maintained with regard to the make every endeavour to dispose of the thereafter. It is made clear that i to delay the proceedings, it would be orders. No order as to costs. in open to the D.R.T. to pass appropriate Pending miscellaneous applications. if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //true copy// To, SECTION OFFICER Main Branch, Kothapeta, At Visakhapatnam, [OPUCJ of India [OPUCJ 1. The Authorized Officer Guntur-522 001. Officer-ll, Andhra Pradesh. 3. One CC to Sri B. 4- One CC to Smt. V. 5. Three C.D. Copies. Union Bank of India Debts Recovery Tribunal V. Krishna Reddy, Advocate - Dyumani, SC for Union Bank Cnr y HIGH COURT DATED;06/02/2025 ORDER WP.No.3075 of 2025 I" 0 6 FEB 2025 ^ . Current Section , "w ^S££SpaTCH«^:^ DISPOSING THE W.P. WITHOUT COSTS