IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH 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: 3626 OF 2024 Between: 1. V Ajay Pratap, S/o Late V. Anjaneyulu Naidu, aged 55 years, Occ Business, D.No. 23-10-74 Royal Nagar, Near R.C. Road, Tirupati - 517501, A.P. 2. V. Vijay Dundi, S/o Late V. Anjaneyulu Naidu, aged 55 years, Occ Business, R/o. H.No. 203-2/3 Annamaiah Nagar, Near Bairagipatteda, Tirupati - 517501, A.P. ...Petitioners AND 1. Union Bank of India, S.V.U. Campus Branch, AB Buildings, S.V.U. Campus, Tirupati, Chittoor District, A.P. Rep. by its Authorised Officer. 2. M/s Sundaramoorthy Auto Care, Rep. by its Proprietor V. Sundara Moorthy, Opp Mahathi Stadium(Auditorium), Alipiri Road, Tirupati - 517501, Chittoor District 3. V. Sundara Moorthy, S/o V. Venkatachalam, H.No. 15-4-215, G M Uttaramada Veedhi, Near Govindarajulu Temple, Tirupati - 517501 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a direction, order, or writ more particularly one in the nature of WRIT OF Mandamus declaring that the condition imposed deposit sum of Rs. 30,00,000/- vide orders dated 05.02.2024 in LA. No. 285 of 2024 in S. A. No. 246 of 2022, DRT -2, Hyderabad for granting stay of taking physical possession by the Respondent No. 1 advocate commissioner dated 23.01.2024 in CRL. M.P. No. 149 of 2023 in may to as per notice of >• * the proceedings under Section 14 of SARFAESI Act is illegal, arbitrary, 'i against fhe principles of natural justice and liable to be set aside. ■' < lA NO: 1 OF 2024 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 stay all the proceedings under SARFAESI Act of the Respondent No.1 Bank initiated against the Petitioners including the proceedings under the notice of Advocate Commissioner dated 23.01.2024 in CRL. M.P. No. 149 of 2023 in the proceedings under Section 14 of SARFAESI Act. lA NO: 2 OF 2024 Between: Union Bank of India, S.V.U. Campus Branch, AB Buildings, S.V.U. Campus, Tirupati, Chittoor District, A.P. Rep. by its Authorised Officer. ...Petitioner/1®* Respondent AND 1. V Ajay Pratap, S/o Late V. Anjaneyulu Naidu, aged 55 years, Occ Business, D.No. 23-10-74 Royal Nagar, Near R.C. Road, Tirupati - 517501, A.P. 2. V. Vijay Dundi, S/o Late V. Anjaneyulu Naidu, aged 55 years, Occ Business, R/o. H.No. 203-2/3 Annamaiah Nagar, Near Bairagipatteda, Tirupati - 517501, A.P. ...Respondents/Petitioners 3. M/s Sundaramoorthy Auto Care, Rep. by its Proprietor V. Sundara Moorthy, Opp Mahathi Stadium(Auditorium), Alipiri Road, Tirupati - 517501, Chittoor District 4. V. Sundara Moorthy, S/o V. Venkatachalam, H.No. 15-4-215, G M Uttaramada Veedhi, Near Govindarajulu Temple, Tirupati - 517501 ...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 stay order dated 12-02-2024 in lA No. 1 of 2024 in WP no. 3626 of 2024 by this Hon'ble Court and dismiss the writ petition with costs. Counsel for the Petitioners: SRI CH SRINIVASA RAJU Counsel for the Respondents: SRI NIMMALA SATYANARAYANA, Learned Counsel SRI G SUDHEER KUMAR The Court made the following order: Bench Sr.No:-6 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010064252024 WRIT PETITION NO; 3626 of 2024 ...Petitioners V. Ajay Pratap and another Vs. ...Respondents Union Bank of India and others ********** Sri Ch. Srinivasa Raju Sri Nimmala Satyanarayana, learned counsel representing Sri G. Sudheer Kumar Advocate for Petitioners Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25th March 2025 PC: had challenged the order dated 05.02.2024 in I.A.No.285 of 2024 in S.A.No.246 of 2022 passed by the Debts Recovery Hyderabad (for short, “the D.R.T.”) whereby, interim protection was ordered subject to the petitioners depositing Rs.30,00,000/- on or before the prescribed period. The petitioners Tribunal - II By virtue of an interim order passed by a Division Bench of this Court on ordered that subject to the petitioners depositing coercive steps would be taken 2. 12.02.2024, it was Rs.15,00,000/- within the prescribed period no in regard to the subject properties. 2 3. Learned counsel for the respondent Bank states that the matter before the D.R.T. is ripe for final hearing and the next date is fixed for 02.04.2025. Be that as it may, we make the interim order dated 12.02.2024 absolute and relegate the parties to the D.R.T. where the issue should be finally heard and decided. 4. 5. Accordingly, the petition is disposed of. No order as to coets. Pending miscellaneous applications, if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// ^eeTtOffoFFICER The Authorised Officer, Union Bank of India S.V^U Campus Branch, AB Buildings, S.V.U. Campus, Tirupati, Chittoor District, A.P. 2 The Proprietor, M/s Sundaramoorthy Auto Care, V. Sundara Moorthy, " Opp Mahathi Stadium(Auditorium), Alipiri Road, Tirupati - 517501, Chittoor District. ,'S. One CC to Sri Ch Srinivasa Raju, Advocate [OPUC] 4. One CC to Sri.G,Sudheer Kumar, Advocate [OPUC] To, 1 -5. Two CD Copies RAM ? HIGH COURT DATED:25/03/2025 ORDER WP.No.3626 of 2024 g 0 2 A?R 20?^ I , Current Section DISPOSING OF THE WP WITHOUT COSTS