Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE <<< XI: iO ★ AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 5574 OF 2025 Between: M/s. Hari Cotton Traders, Rep. by its Proprietor, Golla Haridas Yadav, S/o. Golla Lakshmana, Aged about 64 yrs, Occ Business, R/o. D, No. 15/117-A, Victoria Peta, Adoni, Kurnool District, Andhra Pradesh-518 301, ...PETITIONER AND Kotak Mahindra Bank Ltd, Rep. by its Authorized Officer, Registered Office
27. BKC, C-27, G-Block, Bandra Kurla Complex, Bandra(East), Mumbai- 400051, Branch Office at, D. No. 29-04-19, Kodandarami Reddy street, Governerpet Branch Vijayawada, Andhra Pradesh-520 002. ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in theraffidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Orders passed in I.A. No. 217 of 2025 in S.A. No. 397 of 2023, on 26-02-2025 on the file of Hon'ble Debts Recovery Tribunal-2. Hyderabad, as being illegal, arbitrary, violative of article 14 and 21 of the Constitution of India, besides violation of principles of Natural Justice and consequently set-aside the same.
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 grant interim stay of all further proceedings in S.A.No 397/2023 on the file of Hon’ble DRT-2, Hyderabad, pending disposal of the Writ Petition. Counsel for the Petitioner: Mr. RAJA BHOGENDRANATH representing Mr.
PARSA ANANTH NAGESWAR RAO Counsel for the Respondent: SRI M BALANAGA SRINIVAS The Court made the following: ORDER
APHC010109242025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-13 [3446] AT AMARAVATI WRIT PETITION NO: 5574 of 2025 M/s. Hah Cotton Traders ...Petitioner Vs. Kotak Mahindra Bank Ltd., ...Respondent ********* Advocate for Petitioner Mr. Raja Bhogendranath representing Mr. Parsa Ananth Nageswar Rao Mr. M Balanaga Srinivas Advocate for Respondent
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 6**’ March, 2025 DATE PC : The only issue raised in the present petition is that the petitioner seeks to place on record of the Debts Recovery Tribunal-ll, Hyderabad, certain documents which formed part of the writ petition bearing WP.No. 16295 of
2024. The request of the petitioner has been rejected by virtue of the
order passed by the D.R.T, dated 26.02.2025, which is now challenged before
2. us. The order impugned holds that the documents which are sought to be placed on record, according to the Presiding Officer, are not necessary for purposes of disposal of the said S.A.No.397 of 2023 or I.A.No.84 of 2024.
r 2 HCJ & RRR,J WP_5574 2025
3.
Learned counsel for the petitioner states that the order impugned is a non-speaking order as the said order does not justify or give reasons as to how any of the documents which were sought to be placed on record by the petitioner were not relevant to the just disposal of the controversy before the D.R.T. We are of the opinion that the petitioner cannot be denied his right to file the documents. Ultimately whether the documents help the petitioner in establishing the case before the D.R.T is an issue which may be considered at the time of disposal of the IA.No.84 of 2024 or the main SA bearing No.397 of 2023.
4. Be that as it may, we direct the D.R.T to accept the documents on record. I.A.No.84 of 2024 in SA.No.397 of 2023 be disposed of within three weeks by way of a speaking order.
5.
6. The Writ Petition is, accordingly, disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.
Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// fr.SECTION OFFICER To
1. The Authorized Officer, Kotak Mahindra Bank Ltd, Registered Office 27. BKC, C-27, G-Block, Bandra Kurla Complex, Bandra(East), Mumbai-400051 Branch Office at, D. No. 29-04-19, Kodandarami Reddy street, Governerpet Branch Vijayawada, Andhra Pradesh-520 002.
2. One CC to MR. PARSA ANANTH NAGESWAR RAO, Advocate [OPUC]
3. One CC to SRI. M. BALANAGA SRINIVAS, Advocate [OPUC]
4. Three C.D.Copies nm
HIGH COURT DATED:06/03/2025
ORDER WP.No.5574 of 2025 X 2 S MAR 21?^ d Curreni Jiecllon DISPOSING OF THE WP WITHOUT COSTS