IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH 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 RAVI CHEEMALAPATI WRIT PETITION NO: 3706 OF 2025 Between: Sri Grandhi Bhaskara Rao, S/o. Grandhi Neelachalam, Aged 62 Years, Occ. Business, Resident of D. No. 5-98, Srikakulam Road, 0pp. HDFC Bank, Saradhi Village, Rajam Mandal, GMR Nagar, Srikakulam (AP)-532127 ...PETITIONER AND 1. The Authorized Officer, Indusind Bank Ltd., Financial Restructuring & Reconstruction Group, No. 1-10-72, 3rd Floor, Ashoka Janardhana Chambers, Begumpet, Hyderabad (TS) - 500 016 2. Mr.B.Mallesh, S/o.not known to the Petitioner, Aged major. Advocate Commissioner, C/o.Hon'ble Chief Judicial Magistrate, Nampally, Hyderabad ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the 2nd Respondent Advocate/Commissioner in issuing the Notice dated 09.01.2025 for execution of warrant of commission issued in CrI.M.P.No.1549/2024 on the file of the Hon'ble 3rd Chief Judicial Magistrate, Nampally, as illegal, bad in law, arbitrary, against principles of natural justice and opposed to public policy and violative of articles of Constitution of India, and consequently set- aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings pursuant to the Notice dated 09.01.2025 issued by the 2nd Respondent herein for execution of warrant of commission issued in CrI.M.P.No.1549/2024 on the file of the Hon’ble 3rd Chief Judicial Magistrate, Nampally, pending disposal of the SA No.47/2025 on the file of the Hon’ble Debts Recovery Tribunal, Visakhapatnam. Counsel for the Petitioner: SRI CHALLA SRINIVAS REPRESENTING SRI K B RAMANNA DORA Counsel for the Respondents: — The Court made the following: ORDER APHC010071242025 Bench Sr.No:LI\/l-1 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 3706 of 2025 Grandhi Bhaskara Rao ...Petitioner Vs. The Authorized Officer and others ...Respondents ********** Advocate for Petitioner: Mr. Challa Srinivas appearing vice Mr. K. B. Ramanna Dora Advocate for Respondents: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 12^^ February, 2025. DATE PC : The petitioner states that he has already approached the Debts Recovery Tribunal, Visakhapatnam by way of filing a Securitization Application vide S.A. No.47 of 2025 on 10.01.2025, against the action initiated by respondent - Bank. It is stated that the S.A. was accompanied by an application for interim relief, which has not been considered by the D.R.T. and the matter was posted to 14.02.2025. In the meantime, it is stated that steps are being taken for 2. dispossession of the petitioner, which would make the proceedings before the D.R.T. infructuous. 2 HCJ & RCJ WP 3706 2025 3. Be that as it may, considering the fact that the petitioner is already before the D.R.T., we dispose of the present writ petition with a direction to the Debts Recovery Tribunal, Visakhapatnam, to decide the interim application arising out of S.A.No.47 of 2025 within a period of six (6) weeks from today. Till such time as appropriate orders are passed, the further proceedings against the secured asset shall remain stayed. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER 1. The Authorized Officer, Indusind Bank Ltd., Financial Restructuring and Reconstruction Group, No. 1-10-72, 3rd Floor, Ashoka Janardhana Chambers, Begumpet, Flyderabad (TS) - 500 016 2. Mr.B.Mallesh, S/o.not known to the Petitioner, Aged major. Advocate Commissioner, C/o.Hon'ble Chief Judicial Magistrate, Nampally, Hyderabad 3. The Debts Recovery Tribunal, Visakhapatnam.f /Sy 4. One CC to Sri K B Ramanna Dora Advocate [OPUC] 5. Three CD Copies To TF / HIGH COURT DATED:12/02/2025 f 13 FEB 2025 "I 1*5. ^J/ ^ Curreni aecuon ^// ORDER WP.No.3706 of 2025 •- -4, DISPOSING OF THE W.P., WITHOUT COSTS