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2026 DAILYLAW 6783 (AP)

Mr. Bandlamudi Basaveswara Rao, v. The Debt Recovery Tribunal,

WP/21347/2026 · 2026-07-29

Battu Devanand, Sunitha Gandham

body2026

Judgment text

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APHC010399102026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 21347/2026 Between: 1. MR. BANDLAMUDI BASAVESWARA RAO,, AGE 40 YEARS S/O. SESHAGIRI RAO BANDLAMUDI, SRI LAKSHMI SAI INTERNATIONAL DENTAL CARE, OCC DOCTOR 5 -128, BESIDE ANKAMMA TEMPLE, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH-520002. 2. MRS.BANDLAMUDI SRILAKSHMI, AGE 40 YEARS W/O. BANDLAMUDI BASAVESWARARAO, OCC DOCTOR 48-19-9, FLAT NO. 404, APACE COMMUNITY, VRR BLOCK, BAYINA BAPUJI VARI STREET, SRI RAMACHANDRA NAGAR, KRISHNA DISTRICT, VIJAYAWADA-520002. ...PETITIONER(S) AND 1. THE DEBT RECOVERY TRIBUNAL, REP. BY LTS REGISTRAR, D.NO.31-32-54, CHITRALAYA ROAD NEAR LELAMAHAL ROAD DABA GARDENS, JAGADAMBA JUNCTION, VISAKHAPATNAM, ANDHRA PRADESH-530020 2. PUNJAB NATIONAL BANK, REPRESENTED BY ITS AUTHORIZED OFFICER, PUNJAB NATIONAL BANK, 9TH FLOOR, ANTRIKSH BHAWAN, 22 KASTURBA GANDHI MARG NEW DELHI 110001. 3. PUNJAB NATIONAL BANK, REPRESENTED BY THE BRANCH MANAGER, PUNJAB NATIONAL BANK, 2ND FLOOR, RK PLAZA, DOOR NO. 39-3-2, MASJID STREET BESIDE ANJANEYA JEWELLERS, LABBIPET, VIJAYAWADA, ANDHRA PRADESH 2 520010. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. K SRINIVASA PRASAD Counsel for the Respondent(S): 1. The Court made the following: 3 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 21347 OF 2026 ORDER: (per Hon’ble Sri Justice Battu Devanand) Heard Ms. R.P.S. Sundari, learned counsel appearing for Sri K. Srinivasa Prasad, learned counsel for the petitioners and Sri M. Jayaprakash, learned counsel appearing for the respondent Nos.2 & 3 and carefully perused the material available on record. 2. Learned counsel appearing for the petitioners submits that the petitioners filed Securitization Application in S.A.No.256 of 2025 before the Debts Recovery Tribunal, Visakhapatnam. Along with S.A.No.256 of 2025, petitioners filed an application in I.A.No.3282 of 2026 seeking stay of dispossession of the petitioners from the secured asset. Without passing any orders on the said petition, the said I.A. is posted to 02.09.2026. Learned counsel further submits that as the respondent Nos.2 and 3 are taking steps to dispossess the petitioners pursuant to the orders passed by the learned Chief Judicial Magistrate, Guntur under Section 14 of the SARFAESI Act, the petitioners are not able to approach the Debts Recovery Tribunal, Visakhapatnam in view of the fact that the Presiding Officer of the Debts Recovery Tribunal, Visakhapatnam is on leave. Under these circumstances, having no other option, the petitioners approached this Court by filing this writ petition against the action of the respondent Nos.2 & 3 in taking steps to dispossess them. 4 3. In view of the fact that the petitioners have already approached the Debts Recovery Tribunal by filing S.A.No.256 of 2025 along with stay application and it is pending before the Debts Recovery Tribunal, in our considered view, it is appropriate and reasonable to dispose of the present writ petition with certain directions to the Debts Recovery Tribunal, Visakhapatnam to meet ends of justice. Accordingly, this Writ Petition is disposed of with the following directions: i. The Debts Recovery Tribunal, Visakhapatnam shall dispose of I.A.No.3282 of 2026 in S.A.No.256 of 2025 within a period of six (6) weeks in accordance with law. ii. Till disposal of I.A.No.3282 of 2026, the respondent Nos.2 & 3 are directed not to take any coercive steps against the petitioners and secured asset. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed. _____________________________ JUSTICE BATTU DEVANAND ______________________________ JUSTICE SUNITHA GANDHAM Dt:30.07.2026 Vns