IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUT^"" 7^ ro 5r. 'j a ★ AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5744 OF 2025 Between: 1. M/s. Livius Medico Care, Rep by its Propritrix Mrs. Moparthi Seshamma, R/o. Door No. 3/134, Sarvereddy Palem Grama Panchayat, Ongole Mandal, Prakasam District, 523272. 2. Mrs. Moparthi Seshamma, W/o. M. Srinivasulu, aged 37 years, Occ: Business, R/o. Door. No. 8-521/B, Pandaripuram Near Panduranga Kalyana Mandapam, Ongole Mandal, Prakasam District-523001. 3. Mr. M. Srinivasulu, S/o. Venkateswarlu, aged 40 years, Occ: Business, R/o. Door No. 8-521/B, Pandaripuram near Panduranga Kalyana Mandapam, Ongole Mandal, Prakasam District-523001. ...PETITIONERS AND 1. The Union of India, Rep. by its Secretary, Department of Financial Services, Ministry of Finance, Jeevan Deep Building, Sanad Marg, New Delhi. 110001. 2. The Debt Recovery Tribunal, Rep. By its Registrar, Chitralaya- Road, Near Leelamahal Road Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh. 3. City Union Bank Limited, Rep. by its Chairman and Managing Director, Credit Recovery and Management Department, Narayana, Administrative office No. 24-B, Gandhi Nagar, Kumbakonam, Tamil Nadu -612 001. / 4. Authorised Officer/AGM, City Union Bank, Ongole Branch at Ongole Prakasam District. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2^’^ Respondent in not deciding petitioners'stay application filed in S.A. No. 109 of 2025 and the action of 3'^^ Respondent in making attempts to take over the possession of 1®' petitioner property RCC Building, bearing its Door No. 3-134, covered by Sy. No. 42/8-B of Sarvareddy Palem Village and Panchayat, Ongole Mandal, Prakasam District as per the orders of learned Chief Judicial Magistrate Cum Principal Senior Civil Judge, Ongole in CrI.M.P. No. 234/2024 through Commissioner by issuing Memo/Notice, dated 03.02.2025, as illegal, irregular, irrational and against principles of natural justice, violative of provision of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2"'^ Respondent to decide the stay application filed by the Petitioners in S.A.No. 109 of 2025 thereby directing the 3^^ Respondent not to dispossess the Petitioners from their secured assets, pending disposal of stay application in S.A. No. 109 of 2025. 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 may be pleased to direct respondents not to interfere with possession of petitioners over the secured assets in the application filed by the Petitioners in S.A. No. 109 of 2025 on the file of 2"^ respondent, pending disposal of stay application filed therein, pending disposal of the main Writ Petition. Counsel for the Petitioners: M/s. NIMMAGADDA REVATHI Counsel for the Respondent No.1: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 to 4:— The Court made the following: ORDER Bench Sr.No:-1 [3483] APHC010111942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0? WRIT PETITION NO: 5744 of 2025 ...Petitioners M/s. Livius Medico Care and others Vs. ...Respondents The Union of India and others ********** Ms. Nimmagadda Revathi Advocate for petitioners Advocate for respondents None CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 7th March 2025 PC : Learned counsel for the petitioners states that a Securitization Application bearing S.A.No.109 of 2025 has already been filed before the Debts Recovery Tribunal, Visakhapatnam, which was accompanied by a stay application on which no orders have been passed. In the meantime, it is stated that the respondent Bank has initiated steps to dispossess the petitioners from the premises in question, which would cause prejudice to the interests of the petitioners and render the S.A. academic. Be that as it may, we dispose of this petition with a direction to the respondents to dispose of the stay application filed in S.A.No. 109 of 2025 preferably, within a period of three (3) weeks from today. In the meantime. 2. 2 status quo be maintained with regard to the possession of the petitioners. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. ASSISTANT registrar //TRUE COPY// SE(^ppr6 fficer To, 1. The Secretary, Department of Financial Services, f Union of India, Jeevan Deep Building, Sanad Marg Ministry of Finance, I, New Delhi. 110001. 2. The Registrar, Debt Recovery Tribunal, Chitralaya- Road, Near Leelamahal Road Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh. 3. The Chairman and Managing Director, City Union Bank Limited, Credit Recovery and Management Department, Narayana, Administrative office No. 24-B, Gandhi Nagar, Kumbakonam Tamil Nadu -612 001. 4. The Authorised Officer/AGM, City Union Bank, Ongole Branch Ongole, Prakasam District. at 5. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] 6. One CC to Sri Pasala Ponna Rao, Deputy Soiicitor Generai High Court of A.P.[OPUC] 7. Three CD Copies. of India, ssb HIGH COURT DATED:07/03/2025 ORDER WP.No.5744 of 2025 f 13 MAR 2025 ^ . Current Section c>\ DISPOSING OF THE W.P. WITHOUT COSTS