WP/20213/2026 of Svvs Healthy India Pharmaceuticals Vs The Union of India on 29 September 2026

APHC010377832026

IN THE

WEDNESDAY,

THE HONOURA

THE HONOURABL

WRIT P

Between:

1. Svvs Healthy India Phar

Rao Killada S/o.Kilada Ram

Apartment, Isakathotal, Visa

2. Venkateswara Rao Killa

Flat No. 503, 5th Floor, Pad

3. Kilada Srinivasa Sowmit

years R/o 4-46-3, Flat no. 5

Visakhapatnam.

4. Svvs Srinidhi Pharmac

Talabathia R/o. Neelam Ve

Visakhapatnam.

5. Lakshmi Prasanna Talab

4-46-3, Flat no. 503, 5th

Visakhapatnam.

6. Sai Gopal Killada, S/o. V

Flat

no.

503,

5th

Flo

Visakhapatnam.

HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THE 30th DAY OF SEPTEMBER 2026

PRESENT

BLE SRI JUSTICE BATTU DEVANAND

LE SRI JUSTICE TUHIN KUMAR GEDE

PETITION NO: 20213 OF 2026

rmaceuticals, Rep. by its Propritare Ve

marao, age 65, R/o. 54-3-15/B, Near TS

akhapatnam.

ada, S/o. Kilada Ramarao Age 65 y, R

dmanbha Apartment, Pedwaltair, Visakh

tri Devi, W/o. Venkateswara Rao Killad

503, 5th Floor, Padmanbha Apartment,

ceuiticals, Rep. by its Pro. Lashmi

epachettu, 31-4-52/1, Ammavari Veedh

bathia, W/o. Sai Gopal Kilada, Age 36

h Floor Padamanabha Apartment, P

Venkateswar Rao Kilada, Age 41 years

oor-

Padamanabha

Apartment,

P

H

D

ELA

nkateswara

SR Satvilas

R/o 4-46-3,

hapatnam.

da, Age 60

Pedwaltair,

i Prasanna

hi, Allipuram

years, R/o.

Pedawaltair,

R/o 4-46-3,

Pedawaltair,

...Petitioners

AND

1. The Union of India, , Rep. by its Secretary, Department of Financial Services, Ministry of Finance, Union of India, Jeevan Deep Building Sanad Marg, New Delhi. 110001.

2. The Debt Recovery Tribunal, Rep. By its Registrar, Chitralaya- Road Near Leelamahal Road Daba Gardens, Jagadamba Junction Visakhapatnam, Andhra Pradesh, 530 020.

3. The Authorized Officer, Mahindra and Mahindra Financial Services Limited, Regd. Office Marwah House, Unit No. 101, First Floor, Kishanial Marwah Marg., Plot No. 3, Sakinaka, Andheri East Mumbai - 400072

4. Mahindra and Mahindra Financial Services Limited, Rep by its GPA Holder, Legal Executive and A.O. R/o Plot no. 8, Near Rallabella International School Sector-1, MVP Colony, Visakhapatnam-530017.

5. BV Kusuma, W/o. Unknown, Appointed as Advocate- Commissioner in CrI.M.P. No. 141 of 2026 on the file of- Chief Judicial Magistrate at Visakhapatnam.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2nd Respondent in not deciding Petitioners Stay Petition in lA. No. 3161 of 2026, dated 15.07.2026 filed under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in SA. No.

473 of 2026 and further action of Respondent Nos. 3 and 4 in deciding to take possession of Item-1 and Item-2 of Petitioners secured properties and proposing for auction, as illegal, irregular, irrational and against principles of natural justice, violative of provision of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2nd Respondent to decide said stay application filed by the Petitioners in SA. No. 473 of 2026 restraining the Respondent No. 3 and 4 from taking possession, conducting auction in respect of said secured property pass IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings including contemplated action of 3^^

and 4*^ Respondents in taking possession of Item-1 & Item-2 of our secured properties, through the S**’ Respondent pursuant to her Notice, dated 13.07.2026, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased Vacate the Interim order in WP No. 20213 of 2026, dated 23.07.2026 and pass Counsel for the Petitioners: PALA KARTHI KIRAN

Counsel for the Respondents: RIZWAN ALI SHAIK 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)

From the record, it appears that Securitisation Application bearing S.A.No.473 of 2026 is pending before the Debts Recovery Tribunal, Visakhapatnam (D.R.T.) since 22.07.2026 in which it is stated notice has been issued. The interlocutory application vide I.A.No.3161 of 2026 is also pending since 15.07.2026 with the D.R.T. on which no interim orders have been passed.

2.

Learned counsel for the petitioners states that appropriate directions be issued for early disposal of the I.A. and in the meantime, seeks protection with a view to prevent the S.A. from rendering academic.

3.

We dispose of this petition with a direction to the Debts Recovery Tribunal, Visakhapatnam to pass appropriate orders in accordance with law on I.A.No.3161 of 2026 in S.A.No.473 of 2026 and till such time the appropriate orders are passed, status quo shall be maintained with regard to the possession of the petitioners over the property in question. It is made clear that in case there is any attempt of the petitioner to delay the proceedings before the D.R.T. insofar as the disposal of the case is concerned, it shall be open to the D.R.T. to pass appropriate orders. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________

BATTU DEVANAND, J

_______________________

TUHIN KUMAR GEDELA, J

Dated:30.09.2026

TJN

32

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

Dated: 30.9.2026

TJN

HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI

WRIT PETITION NO: 20213 OF 2026

PROCEEDING SHEET

Sl.

No

DATE