APHC010548252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 28396/2025 Between: 1. SHAKTHI IMAGING AND DIAGNOSTIC PVT LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT D.NO. 2-2-24/A/49/1, SOMA SUNDAR NAGAR, D.D. COLONY, AMBERPET, HYDERABAD, TELANGANA. REPRESENTED BY ITS DIRECTOR, MR. S.N.S. RANGANATH. ...PETITIONER AND 1. THE DEBTS RECOVERY APPELLATE TRIBUNAL, REP. BY ITS CHAIRPERSON, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, KOLKATA, WEST BENGAL. 2. THE DEBTS RECOVERY TRIBUNALI, , HYDERABAD REP. BY ITS PRESIDING OFFICER. 3. TATA CAPITAL FINANCIAL SERVICES LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REGISTERED OFFICE AT ONE FORBES, DR. V.B. GANDHI MARG, FORT, MUMBAI - 400001, AND ITS BRANCH OFFICE AT HYDERABAD. ...RESPONDENT(S): 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 topleased to issue an appropriate Writ, Order, or Direction, more 2 CMR,J & GTK,J W.P.No.28396 of 2025 particularly one in the nature of Writ of Mandamus, declaring the inaction of the 1st Respondent - Debts Recovery Appellate Tribunal, Kolkata in not considering the Petitioners stay petition in I.A. No. 399 of 2025 in Appeal No. 79 of 2025 as illegal, arbitrary, and violative of Articles 14 and 19(1)(g) of the Constitution of India, and consequently direct the 3rd Respondent to not take any coercive action in pursuance to the SARFAESI proceedings initiated against the Petitioner including dispossessing (actual or symbolically) the Petitioner of Magneton Lumina MRI System (3 Tesla) and allied equipment, such as UPS, MR-compatible trolleys, Osirix workstations, and coil storage carts forming part of the lease facility granted vide Sanction Letter dated 04.08.2022 and to pass IA 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 pleased to suspend all further proceedings under Section 14 of the SARFAESI Act, 2002 in CrI. M.P. No. 373 of 2025 on the file of Hon’ble Chief Judicial Magistrate cum Principal Asst. Sessions Judge cum Principal Senior Civil Judge at Cuddapah, including any steps by the Advocate Commissioner or other officers acting on behalf of the 3rd Respondent, including to restrain the 3rd Respondent from taking physical or symbolic possession of Magneton Lumina MRI System (3 Tesla) and allied equipment, such as UPS, MR- compatible trolleys, Osirix workstations, and coil storage carts forming part of the lease facility granted vide Sanction Letter dated 04.08.2022, in the interest of justice and to 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 grant leave to the petitioner herein to file reply affidavit and pass Counsel for the Petitioner: 1. M K VISWANATH NAIDU Counsel for the Respondent(S): 1. SHIREEN SETHNA BARIA 2. The Court made the following: 3 CMR,J & GTK,J W.P.No.28396 of 2025 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard Mr.N.Subba Rao, learned Senior Counsel appearing on behalf of Mr.M.K.Viswanath Naidu, learned counsel for the petitioner and Mr.Ambadipudi Satyanarayana, learned Senior Counsel appearing on behalf of Ms.Shireen Sethna Baria, learned counsel for the respondent No.3. 2. The writ petitioner is the appellant before the Debts Recovery Appellate Tribunal, Kolkata, in Appeal No.79 of 2025. He has filed Interlocutory Application No.399 of 2025 seeking stay of the order of the Debts Recovery Tribunal. The writ petitioner has moved an Interlocutory Application No.562 of 2025 before the Appellate Tribunal to advance the stay application for hearing in view of the urgency. The stay application was dismissed by the impugned order on the ground that the officer of the Appellate Tribunal is also holding Full Additional Charge (FAC) of the Appellate Tribunal at New Delhi and that the same could not be advanced for hearing. Therefore, aggrieved by the same, the instant writ petition has been preferred by the writ petitioner. 3. Having regard to the said limited grievance of the writ petitioner, this Court is of the considered view that this Writ Petition can be disposed of with a direction to the Debts Recovery Appellate Tribunal, Kolkata, to hear the said stay application expeditiously and dispose of the same on merits according to law by the next date of hearing, as the Interlocutory Application along with the appeal stood posted to 25.03.2026. 4. Therefore, the Writ Petition is disposed of with a direction to the Debts Recovery Appellate Tribunal, Kolkata, to dispose of the Interlocutory Application filed for stay in I.A.No.399 of 2025 on or before 25.03.2026 to which date the original Appeal No.79 of 2025 stood posted according to law on merits, without fail. Till the stay petition is disposed of, the interim order granted in this writ petition shall be in force. There shall be no order as to costs. 4 CMR,J & GTK,J W.P.No.28396 of 2025 5. As a sequel, Interlocutory Applications, including I.A.No.1 of 2026, shall stand closed. ________________________________________ CHEEKATI MANAVENDRANATH ROY, J _______________________ TUHIN KUMAR GEDELA, J Date : 26-02-2026 BMS