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Nalluri Venkata Krishna Rao v. the Debot Recovery Tribunal

Andhra Pradesh HC5 Mar 2025WP/5387/2025

Case brief

AI extract

What is this about?

Andhra Pradesh High Court writ petition; Debts Recovery Tribunal Visakhapatnam; bank auction of secured asset; cancellation of sale confirmation; SA No.512 of 2024; IA No.2982 of 2024; delay in filing reply by bank; proposed re-auction of same property; auction abandoned 27.11.2024 for lack of bidders; direction for time-bound disposal of interlocutory application within two weeks; interim status quo on auctioned property; no costs.

What did the court decide?

Writ petition disposed of with a direction to the D.R.T to decide IA.No.2982 of 2024 in SA.No.512 of 2024 on merits within two weeks; status quo on the property in question until disposal of the IA; no order as to costs; miscellaneous applications pending, if any, stand closed. ¶4

Nalluri Venkata Krishna Rao Vs the Debot Recovery Tribunal — Andhra Pradesh HC (2025) — LawSathi Research

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APHC010098262025

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IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-10 [3446] AT AMARAVATI

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WRIT PETITION NO: 5387 of 2025

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Nalluri Venkata Krishna Rao

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...Petitioner

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Vs.

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The Debts Recovery Tribunal and others

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...Respondents

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Advocate for Petitioner : Mr. Habibulla Shaik Advocate for Respondents : ---

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CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO

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DATE : 6^th March, 2025

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P C :

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The petitioner claims that he had purchased the property which was a

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secured asset with the respondent bank in an auction conducted by the said bank.

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The sale having been confirmed was subsequently cancelled

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which lead the petitioner to challenge the said order of cancellation before the Debts Recovery Tribunal, Visakhapatnam, by way of an SA bearing No.512 of 2024 which was filed on 28.09.2024.

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It is stated that a notice was issued and ever since the DRT has been giving opportunities to the respondent bank to file its reply which has not been filed till date.

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HCJ & RRR,J WP_5387_2025

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In the meantime, it is stated that the bank is proposing to put the same property to auction which would render the SA filed by the petitioner academic.

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It is stated that an attempt had already been made by the respondent bank to auction the property on 27.11.2024, however, on account of lack of bidders, the same was abandoned.

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It is now stated that the respondent bank is yet again proceeding to auction the property. Therefore, learned counsel for the petitioner prays that appropriate directions be issued to the D.R.T to dispose of at-least the Interlocutory Application which has been pending consideration before the DRT since September, 2024.

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Considering the fact that the prayer made by the petitioner is quite innocuous, we dispose of this Writ Petition with a direction to the D.R.T to dispose of IA.No.2982 of 2024 in SA.No.512 of 2024 on merits not later than two weeks from today. Till such time as the said IA is disposed of by the DRT, status quo shall be maintained in regard to the property in question. No order as to costs.

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Miscellaneous applications pending, if any, shall stand closed.

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DHIRAJ SINGH THAKUR, CJ

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R RAGHUNANDAN RAO, J

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Vjl

Nalluri Venkata Krishna Rao v. the Debot Recovery Tribunal

Case brief

What is this about?

What did the court decide?

Nalluri Venkata Krishna Rao v. the Debot Recovery Tribunal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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