APHC010182102026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3575] WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX WRIT PETITION NO: 9244/2026 Between: 1. SAINOR LIFE SCIENCES PVT. LTD., REPRESENTED BY ITS EXECUTIVE DIRECTOR, SMT.JK.SRIDEVI, W/O.S.V.SRINIVASA RAO, AGED 62 YEARS, OCC BUSINESS, PLOTNO.59-E, JAWAHARLAL NEHRU PHARMA CITY, ROAD. NO.3, PARAWADA, VISAKHAPATNAM -531021. ...PETITIONER AND 1. THE DEBT RECOVERY TRIBUNAL, VISAKHAPATNAM REPRESENTED BY ITS REGISTRAR, 54, 31 - 32 - 54, CHITRALAYA RD, NEAR LEELAMAHAL ROAD, DABA GARDENS, JAGADAMBA JUNCTION, VISAKHAPATNAM, ANDHRA PRADESH 530004. 2. UNION BANK OF INDIA, REP. BY ITS AUTHORISED OFFICER, UNION BANK OF INDIA UMFB (SME), GAJUWAKA BRANCH, OPP.,PANTHULUGARIMEDA, GAJUWAKA, VISAKHAPATNAM -530 026. 3. EDIFICEE ENGINEERING PVT LTD, REP. BY ITS DIRECTOR, UNIT NO-123, NEW APOLLO INDUSTRIAL ESTATE, MOGRA LINE, ANDHERI EAST, MUMABI- 400069. 4. M/S SIONC PHARMACEUTICALS PVT LTD, REP. BY ITS DIRECTOR, D.NO. 43-11-56, SUBBALAKSHMI NAGAR, 2 RAILWAY NEW COLONY, VISAKHAPATNAM-530016. ...RESPONDENT(S): CORAM:- HON’BLE MRS JUSTICE LISA GILL HON’BLE SRI JUSTICE NINALA JAYASURYA Present:- Mr. S. Satyanarayana Moorthy, Advocate for appellant. Ms. V. Dyumani, Advocate for respondent No.2. ****** LISA GILL,J. 1. Admittedly, S.A.No.370 of 2025, filed by petitioner, is pending before learned Debts Recovery Tribunal (for short “DRT”), Visakhapatnam. 2. Learned counsel for petitioner submits that on earlier occasion, an application had been filed by petitioner seeking preponement of hearing of matter, but the same was dismissed by learned DRT on 20.01.2026. Subsequently, auction notice dated 16.03.2026 has been issued in respect to another property of petitioner. It is pointed out that in terms of order dated 10.07.2025, petitioner had the deposited amount, as directed by learned DRT; but still Bank is going ahead with the auction, though, it is not denied that auction notice issued on 16.03.2026 3 is not in respect to property which was under issue on 10.07.2025. 3. Learned counsel for petitioner refers to order dated 09.05.2025 passed by learned DRT in earlier S.A.No.217 of 2024, filed by petitioner, in respect to the observation that declaration of petitioner’s account as Non-Performing Asset (NPA) on 26.09.2023 was not correct, as such action could not have been taken prior to 09.03.2024 in view of fresh sanction of credit facilities on 10.12.2021. Proceedings in S.A.No.217 of 2024 were closed, as the auction proceedings pursuant to such notice had been not fructified. It is submitted that findings as recorded in order dated 09.05.2025 in S.A.No.217 of 2024, in respect to incorrect declaration of petitioner’s account NPA cannot be ignored. Thus subsequent issuance of auction notice dated 16.03.2026 is also illegal. 4. Learned counsel for petitioner is unable to deny to that S.A.No.370 of 2025 filed by petitioner is pending adjudication before learned DRT. 5. Keeping in view the factual matrix as above, and in our considered opinion, it is appropriate that petitioner should file necessary application for redressal of his grievance before learned DRT, where S.A.No.370 of 2025 is pending. In case 4 appropriate application is filed by petitioner, detailing urgency as has been projected before us, inasmuch as auction is scheduled to be held on 10.04.2026, it is directed that said application be entertained by learned DRT in accordance with law. It is further directed that auction proceedings may go on, however, the same be not finalized till the application, which if filed within next two days, is decided. Such application be finally decided by learned Tribunal within a period of three (03) weeks thereafter. It is clarified that in case such an application is not filed, there is no interim order as above, shall not come into operation. There is no expression of opinion on merits of matter. No order as to costs. 5. Pending applications, if any, are disposed of accordingly. (LISA GILL) JUDGE (NINALA JAYASURYA) JUDGE Date: 08.04.2026 NOTE: Issue CC by 08.04.2026 B/o. ANS 5 08 HON’BLE MRS JUSTICE LISA GILL HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 9244/2026 Date: 08.04.2026 NOTE: Issue CC by 08.04.2026 B/o. ANS