1 APHC010154712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 8147 OF 2026 Between: 1. SRIVALLI SHIPPING AND TRANSPORT PVT LTD, Represented by its Managing Director, Sri Polina Babu Rao, S/o. Sri Polina Venkata Ratnam, Aged about 64years, R/o. Door No . 23-22-21, 2ND Floor, Sivalayam Street, Near One Town Gandhi Statue, Visakhapatmam, Visakhapatnam District, Andhra Pradesh - 530 001. 2. Polina Babu Rao, S/o.Late.Venkata Ratnam Aged 64 years Occ Business D.No.58-21-7/1, APSEB Colony, Butchirajupalem Visakhapatnam - 530 027. 3. Smt.P.S.V.S.Eswari, W/o.P.Babu Rao Aged60 yearsOcc Business D.No.58-21-7/1, APSEB Colony, Butchirajupalem Visakhapatnam - 530 027. 4. 4. Mr P.Venkata Ravi Kiran, S/o.P.Babu Rao Aged 44 yearsOcc Business D.No.58-21-7/1, APSEB Colony, Butchirajupalem Visakhapatnam - 530 027. 5. 5. Smt.Polina Pavani, W/o.P.Ravi Kiran Aged about years Occ Housewife Aged 34 years Occ Business D.No.58-21-7/1, APSEB Colony, Butchirajupalem Visakhapatnam - 530 027. 2 6. Smt.Bollempalli Savitri, D N0.37-12-12/1 2, Plot No.30 Kapparada Village, NGGO s Colony Visakhapatnam - 530 041. 7. Mrs.Mamallapalli Santhakumari, D.No.65-8-5/1, APPM Employees Coop Building Society Ltd., Ramadasupeta, Anandnagar, Rajahmahendravaram, EGDist. 8. Gummala Rama Murthi, D.No.32-111, Sy No.27-2-30-2 30-3 Anakapalli Road, Narsipatnam - 5331116. ...Petitioners AND 1. THE UNION OF INDIA, Rep by its Assistant General Manager, SSI Finance Branch, Door No. 12-4-32, Chandu Plaza, 1st Floor, Apsara Road, Visakhapatnam, VisakhapatnamDistrict, Andhra Pradesh State. 530001 2. The Authorized Officer, The Union Bank of India Assets Recovery Branch D.No.26-15-150, Andhra Bank Building Changalraopeta, Visakhapatnam - 530001. 3. The Debts Recovery Appellate Tribunal, At Kolkata 4. P Pydi Reddy, S/o. D.No.58-23-23, Butchirajupalem Visakhapatnam - 530 027. 5. Kurmadasu Karuna Kumar, D.No.31-2-15, Suryanarayanapuram Kakinada, Kakinada Distric ...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 pleased to issue an appropriate writ, or order or direction, more particularly, one in the nature of Writ of Mandamus by declaring that order dated.12.03.2026 in Misc.Appl.No.07 of 2025 on the file of Debts Recovery 3 Appellate Tribunal at Kolkota, reversing the well reasoned order dated.25.11.2024 passed in lA No. 1234, 2321 3432 of 2024 in SA No.553 of 2023 on the file of Debts Recovery Tribunal at Visakhapatnam as illegal, untenable, unsustainable, against Law as well as principles of natural justice and consequentially set aside the same and pass IA NO: 1 OF 2026 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 Pleased to stay of order dated. 12.03.2026 in Misc.Appl.No.07 of 2025 on the file of Debts Recovery Appellate Tribunal at Kolkota, reversing the well reasoned order, dated.25.11.2024 passed in l.A.No.1234, 2321 & 3432 of 2024 in S.A.No.553 of 2023 on the file of Debts Recovery Tribunal at Visakhapatnam, and pass Counsel for the Petitioners: K B RAMANNA DORA Counsel for the Respondents: LAKSHMI POTNURI CENTRAL GOVT COUNSEL Counsel for the Respondents:V DYUMANI The Court made the following order: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 8147 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) Heard Sri.K.B.Ramanna Dora, learned counsel appearing for the petitioners and Ms.V.Dyumani, learned counsel appearing for the respondent- Bank. Perused the material available on record. 2. This Writ Petition is filed being aggrieved by the order, dated 12.03.2026 in Misc.Application.No.07 of 2025 on the file of Debts Recovery Appellate Tribunal at Kolkata, wherein, the order, dated 25.11.2024 passed in I.A.No.1234, 2321 & 3432 of 2024 in S.A.No.553 of 2023 on the file of Debts Recovery Tribunal, at Visakhapatnam, was reversed. 3. The case of the petitioners is that the petitioner No.1-Company is mainly engaged in the transporting, stevedoring etc., from major ports in the country and the petitioner No.1-Company was awarded with work-contracts of transportation, handling, stevedoring, etc., of pig iron and steel for export sales of its material from Visakhapatnam Port Trust and Gangavaram Port Limited and for the said purposes, the petitioners extended Bank guarantees for a total worth of Rs.15,79,00,000/- out of the loan availed respondent – Bank. In spite of concluding the contract, the said bank guarantees were retained by the Visakhapatnam Port Trust since 2018 and for which, the 5 petitioners account has become irregular. The respondent-bank herein has initiated SARFAESI Act and a notice under Section 13 (2) has been issued to the petitioners. The petitioners submitted objections and paid substantial amounts to the respondent-Bank. Thereafter, the litigation continued. Finally, the petitioner filed S.A.No.553 of 2023 against the proceedings under Section 14 of the SARFAESI Act for appointment of Commissioner to evict and take physical possession of the properties. Along with S.A., the petitioners filed I.A.No.1234/2024 for stay of e-auction sale notice, dated 12.12.2023, I.A.No.2321/2024 to stay of further proceedings under Section 14 of the Act, and not to take physical possession of the properties. Initially, the Tribunal passed orders granting ad-interim protection in favour of the petitioners in S.A.No.553 of 2023. The respondent-Bank also filed a vacate stay petition in I.A.No.3432/2024. After hearing, the Tribunal dismissed the vacate stay petition filed by the respondent-Bank and posted the S.A.No.553 of 2023 for hearing. 4. At that stage, the Bank approached the Debts Recovery Appellate Tribunal, Kolkata against the order, dated 25.11.2024 in I.A.No.1234, 2321 & 3432 of 2024 in S.A.No.553 of 2023 passed by the Debts Recovery Tribunal, Visakhapatnam. The Debts Recovery Appellate Tribunal allowed the appeal, by order, dated 12.03.2026. Being aggrieved by the same, the Writ Petition is filed. 6 5. On perusal of the material available on record, it is an admitted fact that the S.A.No.553 of 2023 is pending before the Debts Recovery Tribunal, Visakhapatnam. It is also an admitted fact that, till 12.03.2026, the order of stay remained in favour of the petitioners, and continued to operate until the Debts Recovery Appellate Tribunal, Kolkata, allowed the appeal preferred by the respondent-bank. The interim protection granted to the petitioners, by order, dated 25.11.2024 is vacated and the same is not in force. 6. Having considered the facts and circumstances of the case and taking into consideration of the fact that the S.A.No.553 of 2023 is still pending before the Debts Recovery Tribunal, Visakhapatnam, we deem it appropriate and desirable to direct the Debts Recovery Tribunal, Visakhapatnam to dispose of the S.A.No.553 of 2023 on its merits, by following due process of law, to settle the dispute between the parties, in the interest of justice. 7. Accordingly, the Writ Petition stands disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to adjudicate and dispose of S.A. No. 553 of 2023 on its merits, in accordance with law, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of a copy of the order. In order to protect the interest of both parties, the parties shall maintain status quo in all respects from the date of receipt of a copy of the order by the Debts Recovery Tribunal until the disposal of S.A. No. 553 of 2023. 7 8. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND _______________________________ JUSTICE TUHIN KUMAR GEDELA Dated: 16.09.2026 PKR 8 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA 129 WRIT PETITION NO: 8147 OF 2026 Dated: 16.09.2026 PKR