APHC010645662025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 33748/2025 Between: 1. CITY UNION BANK, REP.BY ITS AUTHORISED OFFICER, SRI. SRINIVASA PRASAD K.K, S/O.NARSIMHA RAO, AGED 54 YEARS, OCC- AUTHORISED OFFICER, CREDIT RECOVERY AND MANAGEMENT, ADMINISTRATIVE OFFI KUMBAKONAM, TAMILNADU, PFNIB 12001. 2. THE BRANCH MANAGER,, CITY UNION BANK, RAJHMUNDRY, SRI. PINNELLI. DATTASAI DURGA PRASAD, S/O.SAMBASIVA RAO, AGED 41 YEARS, OCC BRANCH MANAGER, D.NO. 7 VYGRAM ROAD, T.NAGAR, RAJHMUNDRY, EAST GODAVARI DISTRICT, PIN 533101. 1. THE DEBT RECOVERY TRIBIUNAL, VISAKHAPATNAM REPRESENTED BY ITS PRESIDING OFFICER, VISAKHAPATNAM. 2. JEENU MAHESH BABU YEARS, OCC BUSINESS, R/O.D.NO. 10 JAGGAMPETA, EAST GODAVARI DISTRICT, PIN Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High pleased to issue a writ order or direction more particularly in the nature of writ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 33748/2025 CITY UNION BANK, REP.BY ITS AUTHORISED OFFICER, SRI. SRINIVASA PRASAD K.K, S/O.NARSIMHA RAO, AGED 54 YEARS, AUTHORISED OFFICER, CREDIT RECOVERY AND MANAGEMENT, ADMINISTRATIVE OFFICE,, 24-B, GANDHI NAGAR, KUMBAKONAM, TAMILNADU, PFNIB 12001. THE BRANCH MANAGER,, CITY UNION BANK, RAJHMUNDRY, SRI. PINNELLI. DATTASAI DURGA PRASAD, S/O.SAMBASIVA RAO, AGED 41 YEARS, OCC BRANCH MANAGER, D.NO. 7 ROAD, T.NAGAR, RAJHMUNDRY, EAST GODAVARI DISTRICT, PIN 533101. ...PETITIONER(S) AND THE DEBT RECOVERY TRIBIUNAL, VISAKHAPATNAM REPRESENTED BY ITS PRESIDING OFFICER, VISAKHAPATNAM. JEENU MAHESH BABU, S/O.SRI.J.CHINNA VENKAT RAO, , OCC BUSINESS, R/O.D.NO. 10-176, JVR COMPLEX, JAGGAMPETA, EAST GODAVARI DISTRICT, PIN-533435 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High issue a writ order or direction more particularly in the nature of writ IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE EIGHTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA CITY UNION BANK, REP.BY ITS AUTHORISED OFFICER, SRI. SRINIVASA PRASAD K.K, S/O.NARSIMHA RAO, AGED 54 YEARS, AUTHORISED OFFICER, CREDIT RECOVERY AND B, GANDHI NAGAR, THE BRANCH MANAGER,, CITY UNION BANK, RAJHMUNDRY, SRI. PINNELLI. DATTASAI DURGA PRASAD, S/O.SAMBASIVA RAO, AGED 41 YEARS, OCC BRANCH MANAGER, D.NO. 7-30-9AND7-28, ROAD, T.NAGAR, RAJHMUNDRY, EAST GODAVARI ...PETITIONER(S) THE DEBT RECOVERY TRIBIUNAL, VISAKHAPATNAM REPRESENTED BY ITS PRESIDING OFFICER, VISAKHAPATNAM. , S/O.SRI.J.CHINNA VENKAT RAO, AGED 50 176, JVR COMPLEX, 533435 ...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 issue a writ order or direction more particularly in the nature of writ 2 CMR,J & GTK,J W.P.No.33748 of 2025 of Mandamus or any Appropriate Writ by declaring the Inaction of the First Respondent in not deciding the S.A.No.113 of 2024, Filed by the second Respondent, and not deciding the matter even after filing the Written Arguments by the Bank, continuing the stay of Further Proceedings, granting Numerous adjournments without reason, is contrary to Section 17(5) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002, contrary to the Judgment of the Hon’ble Supreme Court in SLP(Civil) Number-21255 of 2025, Dated 07-10-2025 in Indian Overseas Bank Vs M/s. Radhey Infra Solutions Private Limited, Contrary to Articles 14, 16, 19, 21 of Constitution, and against the principals of natural justice, contrary to Law, and this Hon’ble Court may be Pleased to Direct the Hon’ble DRT, Visakhapatnam to hear the matter in S.A.No.113 of 2024 expeditiously, 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 to direct the First Respondent to adjudicate the matter in S.A.No.113 of 2024 expeditiously, as per the Judgment of the Hon’ble Supreme Court in SLP(Civil) Number-21255 of 2025, Dated 07-10-2025 in Indian Overseas Bank Vs M/s. Radhey Infra Solutions Private Limited, and to pass Counsel for the Petitioner(S): 1. S SATYANARAYANA MOORTHY Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.33748 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. 2. Since the relief sought in the writ petition is only relating to a direction to the Debts Recovery Tribunal to dispose of securitization application No.113 of 2024 filed by the 2nd respondent, expeditiously, notice to the respondents is dispensed with. 3. The petitioners are the City Union Bank. The 2nd respondent has filed securitization application No.113 of 2024 on the file of the Debts Recovery Tribunal, Visakhapatnam, against the petitioners, challenging the measures initiated by the petitioners-Bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’) against the 2nd respondent. 4. The grievance of the petitioners is that the Tribunal is not disposing of the said securitization application and it has granted numerous adjournments contrary to Section 17(5) of the Act and contrary to judgment of the Apex Court rendered in SLP(Civil).No.21255 of 2025 dated 07.10.2025 in the case of Indian Overseas Bank v. M/s. Radhey Infra Solutions Private Limited. According to the petitioners, there is need for expeditious disposal of the said securitization application. 5. Therefore, the Writ Petition is disposed of with a direction to the 1st respondent-Debts Recovery Tribunal, Visakhapatnam, to dispose of the said securitization application No.113 of 2024, after conducting the trial expeditiously within a period of two months from the date of receipt of this order, according to law. There shall be no order as to costs. 4 CMR,J & GTK,J W.P.No.33748 of 2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 08.01.2026 MDP