Sri Prakash Traders Vs the Debt Recovery Tribunal

Sri Prakash Traders, Represented by its ManagI'ng Partner Mrs. Krovvidi Hymavathi W/o. Late K Srinivasa Rao Aged 54 years, D. No. ll-4-1O, 5th Line, Rajas Garden, Guntur (AP) -522 001.

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...Petitioner

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AND

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The Debt Recovery Tribunal, Represented by its Chairman, Visakhapatnam, visakhapatnam Dl'strl'ct.

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The Authorized OffI'Cer, Kotak Mahindra Bank Ltd., D. No. 29-4-19, Kodandaramjreddy street, opp Rahman Park Water Tank, Governorpet, ViJ'ayaWada (AP) - 520 002

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The Branch Manager, Kotak Mahindra Bank Ltd., D. No.12-25-99 and 100, Ground FIoor, Beside Ganesh MahaI (old Leela Mahal Road), Kothapet, Guntur -522 001

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affI®daVit filed therewith, the Hl-gh Court may be pleased to issue any appropriate writ, order or Direction preferably a Writ in the nature of writ of Mandamus declaring the inaction of

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Respondent No.1 in passing orders in I.A.No.1354 of 2025 in SA No.647 of 2024 on the file of the lst Respondent despite an order is passed in Crl.M.P.No.240 of 2025 on the file of Principal Assistant Sessions Judge, Guntur -Gum- chief JudI®CiaI Magistrate, Guntur appointing an advocate commissioner for taking of possessI-On Of SCheduled Property On Or before 09.04.2025 as illegal, arbitrary, violatl-ve of fundamental rights guaranteed to the Petitioner under Article 14,19 and 21 of Constitution of India and violative of the provisions of securitization and Reconstruction of Financial Assets and Enforcement of Securl'ty Interest Act, 2002 and consequently to direct the Respondent No.1 to dispose off the stay application in I.A.No.1354 of 2025 in S.A.No.647 of 2024 on the file of the lst Respondent.

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IANO: 1 OF2025

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Petition under section 151 CPC praying that in the cI'rCumStanCeS stated l'n the affidavit filed in support of the petl-lion, the High Court may be Pleased tO grant stay of all further proceedings including executl-on of warrant and taking over possession pursuant to crl.M.P.No.240 of 2025 on the file of Chief Judicial Magistrate cum princI-Pal Assistant sessions Judge, Guntur.

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Counsel for the petitioner: SRI. ARUN SHOWRI G

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Counsel for the Respondents.I -

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The Court made the following Order:

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[3524]

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APHCOIO184562025

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl

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E H:I

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(Special Original Jurisdiction)

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WEDNESDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE RAV[ NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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. WRIT PETITION NO: 9326/2025

Between :

Sri Prakash Traders

...PETITIONER

AND

The Debt Recovery Tribunal and Others

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...RESPONDENT(S)

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Counsel for the PetI-tiOner:

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1.ARUN SHOWRI G

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Counsel for the Respondent(S):

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The Court made the fo[[owing:

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RNT, J& MRK, I WP No.9326 of2025

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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI & THE HONJBL SRI JUSTICE MAHESWARA RAO KUNCHEAM

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!±!B±T PETITIOl\I I\Iong326 of ZQ2±

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!!±D_GM_EJ±I: (per Hont,le Sri Justice Ravi Nath Tilhari)

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Heard Sri G. Arun Showri, leamed counsel for the petl'tioner.

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Considering the nature of the dispute involved, as also the Order Proposed tO be Passed, notices tO the respondents are dispensed with.

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Being aggrieved from the order passed under section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of security Interest Act, 2002 (in short sARFAESI Act,, the petitioner approached the Debt Recovery Tribunal, Visakhapatnam under section 17 (7) of the SARFAESI Act and under sectl-on 19 (2) of the Recovery of Debts Due to Banks and Financial lnstitutI-OnS Act, 1993 (in short RDDB Act, in S.A.No.647 of 2024. The same was allowed in December, 2024.

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The petitioner has also filed I.A.No.3851 of 2024 claiming interim relief against the issuance of notice dated 19.09.2024 by the 3rd respondent Bank. In the said application, the respondents filed counter affidavit. During pendeney of the s.A.No.647 of 2024, Crl.M.P.240 of 2025 was filed by the Bank before the court of the principal Ass,'stant Sessions Judge, Guntur lum - Chief Judicial Magistrate, Guntur, which was allowed on 10.03.2025 for issuance of warrant appointing an advocate-commissioner, to report wI'thin 30 days i.e., by o9.04.2025. In view thereof, the petitioner filed I.A.No.1354 of 2025 in

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RNT,J & MRK,J wp No.9326 of2025

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S.A.No.647 of 2024 for stay, along with another I.A,No.1353 of 2025 for amendment of petition. The Tribunal fixed a date i.e., 30.04,2025.

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Consequently, to pre-pone the date, the petitioner filed I.A,No.1352 of 2025, upon which, the Tribunal advanced the date to 04.04.2025. But on the same day, granted time to the respondents in S.A.No.647 of 2024 to file counters in I.A.Nos.1353 and 1354 of 2025, again fixing the date 30.04.2025.

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Learned counsel for the petitioner submits that if the warrant is executed and the petitioner is dispossessed, the very purpose of filing the S.A.No,647 of 2024 would be frustrated.

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Considering the aforesaid, that S.A.No.647 of 2024 is pendl'ng since 2024 and in the meantime, the order for warrant appointing the advocatecommissioner to take possession has been passed on 10.03.2025, in which 09.04.2025 is the date fixed, i.e., today, as also that the petitioner immediately approached the Tribunal for redressal of his grievance, but on the application for stay, the Tribunal has again fixed the date as 30.O4.2025, for affording opportunity to the respondents to file counters, we are of the view that it would be in the interests of justice, to provide as an interim measure, that the parties shall maintain 5fafus qffO, till 30.04.2025 provided the warrant has not been executed till this date. We provide the same.

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The Debt Recovery Tribunal, Visakhapatnam shall positively consider and decide I.A.Nos.1353 and 1354 of 2025 in S.A.No.647 of 2024 on 30.04.2025. The petitioner shall not make any request for adjournment on that day.

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RNT. J& MRK.J WP No_9326 of2025

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The Writ Petition stands disposed of accordingly in the aforesaid

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terms. No order as to costs.

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Pending miscellaneous petitl'ons, if any, shall stand closed in

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consequence.

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SD/-K SRINIVASA RAJU //TRUE COPY// ASSIS TEAR :TR I:FICER

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FICER

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To,

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The Chairman, Debt Recovery Tribunal, Vjsakhapatnam, Visakhapatnam District.

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The Authorized Officer, Kotak Mahindra Bank Ltd., D. No. 29-4-19, Kodandaramjreddy Street, Opp Rahman Park Water Tank, Governorpet, Vijayawada (AP) - 520 002

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The Branch Manager, Kotak Mahindra Bank Ltd., D. No.12-25-99 and 100, Ground FIoor, Beside Ganesh MahaI (old Leela MahaI Road), Kothapet, Guntur -522 001

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