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2026 DAILYLAW 524 (AP)

BARLA LATHA v. THE AUTHORIZED OFFICER, BANK OF INDIA, SSI BRANCH

WP/9968/2026 · 2026-04-15

Lisa Gill, Ninala Jayasurya

body2026

Judgment text

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APHC010172842026 IN THE HIGH COURT OF ANDHRA PRADESH WRIT PETITION NO: 9968 of 2026 Barla Latha Vs. The Authorized Officer, Bank Of India, SSI Branch and Others CORAM : HON’BLE HON’BLE MR. JUSTICE NINALA JAYASURYA DATE : 16th April 2026 Advocate for Petitioner : IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 9968 of 2026 Bench Sr.No: ...Petitioner The Authorized Officer, Bank Of India, ...Respondent(s) HON’BLE MRS. JUSTICE LISA GILL HON’BLE MR. JUSTICE NINALA JAYASURYA 16th April 2026 ********** Advocate for Petitioner : Mr.Perla Nooka Raju Bench Sr.No:-3 [3575] ...Petitioner ...Respondent(s) HON’BLE MR. JUSTICE NINALA JAYASURYA 2 WP_9968_2026 LISA GILL, J 1. Admittedly, petitioner has filed S.A.No.468 of 2025 before Debt Recovery Tribunal (DRT), Visakhapatnam, challenging proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) initiated against her. 2. Grievance raised by petitioner is that during pendency of said S.A., learned Chief Judicial Magistrate, Visakhapatnam in Crl.M.P.No.2 of 2025 has directed appointment of an Advocate Commissioner to take physical possession of the schedule properties and petitioner filed I.A.No.3179 of 2025 for stay of said proceedings. However, the matter is still pending adjudication and is listed on 09.06.2026 as of now. It is apprehended that coercive steps, in the meanwhile, shall be taken by the respondent-Bank rendering the application filed by petitioner before learned DRT, infructuous. 3. We have heard learned counsel for petitioner and perused the file, however, we do not find any ground for interference, at this stage in exercise of jurisdiction under Article 226 of Constitution of India. Petitioner has already availed of the statutory remedy (ies) available to her, in accordance with law. All arguments as are being raised before us are well within the realm of consideration by learned DRT. In the given factual matrix, it is directed that in case, petitioner files an application seeking pre-ponement of date of hearing before DRT within one week, the same be entertained by learned DRT, in 3 WP_9968_2026 accordance with law, and expeditiously dispose of I.A.No.3179 of 2025 filed in S.A.No.468 of 2025 in order to obviate any prejudice to writ petitioner. 4. With the above direction, writ petition is disposed of with no expression of opinion on merits of the matter. No costs. Pending application(s), if any, stand(s) disposed of accordingly. (LISA GILL) JUDGE (NINALA JAYASURYA) JUDGE Date:16.04.2026 BLV 4 WP_9968_2026 HON’BLE MRS. JUSTICE LISA GILL HON’BLE MR. JUSTICE NINALA JAYASURYA Writ Petition No.9968 of 2026 16th April, 2026 BLV