WP/28258/2026 of INDIAN BANK Vs THE DEBTS RECOVERY TRIBUNAL on 30 September 2026

APHC010515302026

IN THE

THURSDAY

THE HONOURA

THE HONOURABL

WRIT P

Between:

1. INDIAN BANK, Rep.by

D.No.22-2-95, Patnam Baz

1. THE DEBTS RECOVE

Visakhapatnam Rep. by it

Sal Baba Street, Narayan B

2. Cheedella Satyanayaran

years, D.No.4-15-110/16

Guntur, A.P.-522007.

Petition under Article

circumstances stated in th

pleased toissue a writ orde

of Mandamus or any appr

Respondent in not decidin

17(5) of the SARFAESI Ac

in violation of principals of

HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

Y, THE 1st DAY OF OCTOBER 2026

PRESENT

BLE SRI JUSTICE BATTU DEVANAND

LE SRI JUSTICE TUHIN KUMAR GEDE

PETITION NO: 28258 OF 2026

y its Authorised Officer, Patnam Baz

zar, Guntur, A.P-522203

..

AND

ERY TRIBUNAL, The Debts Recover

ts Presiding Officer, Ground 1st Floor,

Bhawan, Dabagardens, Visakhapatnam-

na, S/o Cheedella Venkata Gopaiah, age

, Postal Colony, 31d Line, Amarav

...Re

226 of the Constitution of India praying e affidavit filed therewith, the High Co r or direction more particularly in the na ropriate Writ by declaring the inaction g the S.A.No.455 of 2024 in contrary t, law, judgements of Hon'ble Supreme natural justice and Articles 14, 16, 19

H

D

ELA

zar Branch,

..Petitioner

ry Tribunal,

31-31-21,

- 530020

ed about 50

vathi Road,

spondents

g that in the

urt may be

ature of writ

n of the 1st

y to Section

e Court and

9, 21 of the

Constitution of India and consequently direct the 1st Respondent i.e., Hon'ble DRT, Visakhapatnam to hear the matter in S. A. No. 455 of 2024 and dispose expeditiously within a reasonable time Counsel for the Petitioner: RANGA SURYA PRAKASH RAO KOLA

Counsel for the Respondents:

The Court made the following order:

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

ORDER: (Per Hon’ble Sri Justice Battu Devanand)

This Writ Petition is filed by the secured creditor aggrieved by non disposal of S.A.No.455 of 2024 on the file of Debts Recovery Tribunal, Visakhapatnam filed by Respondent No.2 in terms of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the S.A.R.F.A.E.S.I Act’).

2.

Heard the learned counsel for the petitioner. Inspite of service of notice, there is no representation for Respondents.

3.

Learned counsel for the petitioner submits that rspondent No.2 availed loan to an amount of Rs.7,72,89,000/- from the petitioner-bank. While availing the said loan, the respondent No.2 mortgaged properties. Subsequently, the respondent No.2 committed default in repayment of said loan and account was classified as Non-Performing Asset (NPA)

on

07.05.2024.

On 08.05.2024, the petitioner-bank issued notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, to repay the claim. In the meanwhile, Respondent No.2 approached Debts Recovery Tribunal, Visakhapatnam by filing S.A.No.455 of 2024 against the proceedings initiated by the petitioner-bank against respondent No.2. The said S.A was filed on 09.09.2024 and it is still pending before Debts Recovery Tribunal, Visakhapatnam.

4.

Learned counsel for the petitioner further submits that the grievance of the petitioner is that due to pendency of the said S.A the bank is facing serious loss and hardship and requests this Court to direct the Debts Recovery Tribunal, Visakahaptnam to dispose of the S.A.No.455 of 2024 at an early date.

5.

Having considered the submissions of the learned counsel for the petitioner, in our considered view, it is appropriate to look into the relevant provisions of the S.A.R.F.A.E.S.I Act. Section 17(5) of the said Act reads as follows:- “17(5) Any application made under sub-section (1)

shall be dealt with by the Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty days from the date of such application: Provided that the Debts Recovery Tribunal may, from time to time, extend the said period for reasons to be recorded in writing, so, however, that the total period of pendency of the application with the Debts Recovery Tribunal, shall not exceed four months from the date of making of such application made under sub-section (1).”

6.

On bare perusal of Section 17(5) of the S.A.R.F.A.E.S.I Act, it is clear that Debt Recovery Tribunal shall deal with an application filed under Section 17(1) of the S.A.R.F.A.E.S.I Act as expeditiously as possible and shall dispose of the same within a period of sixty (60) days from the date of the said application. The Debts Recovery Tribunal may extend the said period by recording the reasons in writing from time to time. But, however, the total period of pendency of application before the Debts Recovery Tribunal shall not exceed four (4) months from the date of making the said application.

7.

Admittedly, in the present case, the time stipulated under Section 17(5)

of the S.A.R.F.A.E.S.I Act already expired. In view of the same, it is the duty of the Debts Recovery Tribunal, Visakhapatnam to dispose of S.A.No.455 of 2024 as expeditiously as possible.

8.

Accordingly, this Writ Petition is allowed with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of S.A.No.455 of 2024 as expeditiously as possible by following due process of law.

9.

There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

____________________

BATTU DEVANAND, J

_______________________

TUHIN KUMAR GEDELA, J

Dated:01.10.2026

TJN

01

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

Dated: 01.10.2026

TJN

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

WRIT PETITION NO: 28258 OF 2026

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