APHC010515302026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE 1 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 28258 OF 2026 Between: 1. INDIAN BANK, Rep.by its Authorised Officer, Patnam Bazar Branch, D.No.22-2-95, Patnam Bazar, Guntur, A.P 1. THE DEBTS RECOVERY TRIBUNAL, The Debts Recovery Tribunal, Visakhapatnam Rep. by its Presiding Officer, Ground 1st Floor, 31 Sal Baba Street, Narayan Bhawan, Dabagardens, Visakhapatnam 2. Cheedella Satyanayarana, S/o Cheedella Venkata Gopaiah, aged about 50 years, D.No.4-15-110/16, Postal Colony, 31d Line, Amaravathi Guntur, A.P.-522007. 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 toissue a writ order or direction more particularly of Mandamus or any appropriate Writ by declaring the inaction of the 1st Respondent in not deciding the S.A.No.455 of 2024 in contrary to Section 17(5) of the SARFAESI Act, law, judgements of Hon'ble Supreme Court and in violation of principals of natural justice and Articles 14, 16, 19, 21 of the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA PETITION NO: 28258 OF 2026 1. INDIAN BANK, Rep.by its Authorised Officer, Patnam Bazar Branch, 95, Patnam Bazar, Guntur, A.P-522203 ...Petitioner AND 1. THE DEBTS RECOVERY TRIBUNAL, The Debts Recovery Tribunal, ts Presiding Officer, Ground 1st Floor, 31 Sal Baba Street, Narayan Bhawan, Dabagardens, Visakhapatnam- 2. Cheedella Satyanayarana, S/o Cheedella Venkata Gopaiah, aged about 50 110/16, Postal Colony, 31d Line, Amaravathi ...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 toissue a writ order or direction more particularly in the nature of writ of Mandamus or any appropriate Writ by declaring the inaction of the 1st Respondent in not deciding the S.A.No.455 of 2024 in contrary to Section 17(5) of the SARFAESI Act, law, judgements of Hon'ble Supreme Court and of principals of natural justice and Articles 14, 16, 19, 21 of the IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA 1. INDIAN BANK, Rep.by its Authorised Officer, Patnam Bazar Branch, ...Petitioner 1. THE DEBTS RECOVERY TRIBUNAL, The Debts Recovery Tribunal, ts Presiding Officer, Ground 1st Floor, 31-31-21, - 530020 2. Cheedella Satyanayarana, S/o Cheedella Venkata Gopaiah, aged about 50 110/16, Postal Colony, 31d Line, Amaravathi Road, ...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 in the nature of writ of Mandamus or any appropriate Writ by declaring the inaction of the 1st Respondent in not deciding the S.A.No.455 of 2024 in contrary to Section 17(5) of the SARFAESI Act, law, judgements of Hon'ble Supreme Court and of principals of natural justice and Articles 14, 16, 19, 21 of the Constitution of India and consequently direct the 1st Respondent i.e., Hon'ble DRT, Visakhapatnam to hear the matter in S. A. No. 455 of 2024 and dispose expeditiously within a reasonable time Counsel for the Petitioner: RANGA SURYA PRAKASH RAO KOLA Counsel for the Respondents: The Court made the following order: THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 28258 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) This Writ Petition is filed by the secured creditor aggrieved by non disposal of S.A.No.455 of 2024 on the file of Debts Recovery Tribunal, Visakhapatnam filed by Respondent No.2 in terms of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the S.A.R.F.A.E.S.I Act’). 2. Heard the learned counsel for the petitioner. Inspite of service of notice, there is no representation for Respondents. 3. Learned counsel for the petitioner submits that rspondent No.2 availed loan to an amount of Rs.7,72,89,000/- from the petitioner-bank. While availing the said loan, the respondent No.2 mortgaged properties. Subsequently, the respondent No.2 committed default in repayment of said loan and account was classified as Non-Performing Asset (NPA) on 07.05.2024. On 08.05.2024, the petitioner-bank issued notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, to repay the claim. In the meanwhile, Respondent No.2 approached Debts Recovery Tribunal, Visakhapatnam by filing S.A.No.455 of 2024 against the proceedings initiated by the petitioner-bank against respondent No.2. The said S.A was filed on 09.09.2024 and it is still pending before Debts Recovery Tribunal, Visakhapatnam. 4. Learned counsel for the petitioner further submits that the grievance of the petitioner is that due to pendency of the said S.A the bank is facing serious loss and hardship and requests this Court to direct the Debts Recovery Tribunal, Visakahaptnam to dispose of the S.A.No.455 of 2024 at an early date. 5. Having considered the submissions of the learned counsel for the petitioner, in our considered view, it is appropriate to look into the relevant provisions of the S.A.R.F.A.E.S.I Act. Section 17(5) of the said Act reads as follows:- “17(5) Any application made under sub-section (1) shall be dealt with by the Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty days from the date of such application: Provided that the Debts Recovery Tribunal may, from time to time, extend the said period for reasons to be recorded in writing, so, however, that the total period of pendency of the application with the Debts Recovery Tribunal, shall not exceed four months from the date of making of such application made under sub-section (1).” 6. On bare perusal of Section 17(5) of the S.A.R.F.A.E.S.I Act, it is clear that Debt Recovery Tribunal shall deal with an application filed under Section 17(1) of the S.A.R.F.A.E.S.I Act as expeditiously as possible and shall dispose of the same within a period of sixty (60) days from the date of the said application. The Debts Recovery Tribunal may extend the said period by recording the reasons in writing from time to time. But, however, the total period of pendency of application before the Debts Recovery Tribunal shall not exceed four (4) months from the date of making the said application. 7. Admittedly, in the present case, the time stipulated under Section 17(5) of the S.A.R.F.A.E.S.I Act already expired. In view of the same, it is the duty of the Debts Recovery Tribunal, Visakhapatnam to dispose of S.A.No.455 of 2024 as expeditiously as possible. 8. Accordingly, this Writ Petition is allowed with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of S.A.No.455 of 2024 as expeditiously as possible by following due process of law. 9. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ BATTU DEVANAND, J _______________________ TUHIN KUMAR GEDELA, J Dated:01.10.2026 TJN 01 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 28258 OF 2026 Dated: 01.10.2026 TJN HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI WRIT PETITION NO: 28258 OF 2026 PROCEEDING SHEET Sl. No DATE ORDER OFFICE NOTE 01 01.10.2026 DEV,J & GTK,J This writ petition is allowed. (Vide Separate Order) _______ DEV, J _______ GTK,J TJN