WP/26777/2026 of Anil Kumar Singavarapu Vs The Debt Recovery Tribunal, on 17 September 2026

APHC010490042026

IN THE

FRIDAY, TH

THE HONOURA

THE HONOURABL

WRIT P

Between:

1. Anil Kumar Singavarapu

Sri Saliva Nivas, Near

Visakhapahtam

1. The Debt Recovery T

530020. Rep by its Registr

2. DCB Bank Ltd, Rep by

70/7/8, Aditya Complex,

530016.

Petition under Article

circumstances stated in th

pleased toissue a writ, orde

writ of Mandamus to declar

Tribunal in keeping the st

544/2026 pending even ins

HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

HE 18th DAY OF SEPTEMBER 2026

PRESENT

BLE SRI JUSTICE BATTU DEVANAND

LE SRI JUSTICE TUHIN KUMAR GEDE

PETITION NO: 26777 OF 2026

u, son of AppiRao, resident of Door No

Maddllapalem Bus Stop, hiffir

..

AND

ribunal, Visakhapatnam, Visakhapatna

rar.

y its Authorized Officer, Branch at D.

Seethammapeta, Main Road, Visak

...Re

226 of the Constitution of India praying e affidavit filed therewith, the High Co er or direction more particularly one in the re the action the Respondent No.1 Deb tay application in I.A No. 3637/2026

spite of Respondents are proceeding

H

D

ELA

o. 53-11-30,

rddilepaleM

..Petitioner

am District-

.No. 50-81-

khapatnam.

spondents

g that in the

urt may be

e nature of

bt Recovery

in S.A No

to sale the

schedule property by issuing sale notice dated 07-08-2026 and E Auction is scheduled to be held on 23-09-2026 as arbitrary illegal and violation of Article 14 and 300A of Constitution of India and consequently direct the Respondent No.1 to decide the I.A No. 3637/2026 in S.A No 544/2026 before sale of schedule property scheduled to be held on 23-09-2026 or any other subsequent date in the interest of justice 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 grant stay of all further proceedings in pursuant to sale notice dated 07-08- 2026 including E Auction that is scheduled to be held on 23-09-2026 or any other subsequent dates pending disposal of!--1 the above writ petition interest of justice Counsel for the Petitioner: VELADI SAI SRI HARSHA

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)

Heard learned counsel for the petitioner and perused the material available on record.

2.

The petitioner is a borrower, he availed loan from respondent No.2.

Respondent No.2-bank initiated proceedings under S.A.R.F.A.E.S.I. Act,

2002.

Aggrieved

by

the

same,

the

petitioner

approached

DRT,

Visakhapatnam, by filing S.A.No.544 of 2026 on 13.08.2026. Thereafter, it is adjourned time to time and finally it is posted to 24.09.2026. As per the auction notice dated 07.08.2026 issued by respondent No.2, the e-auction scheduled to be held on 23.09.2026.

3.

Learned counsel for the petitioner would submit that if auction is conducted on 23.09.2026, the stay petition filed by him along with S.A.No.544

of 2026 was posted to 24.09.2026 will become infructuous.

4.

We have carefully examined the material available on record, there is sufficient force in the contention of the learned counsel for the petitioner.

When the petitioner filed S.A.No.544 of 2026 on 13.08.2026 along with stay petition and the e-auction is scheduled on 23.09.2026, as the stay petition is posted to 24.09.2026 definitely, the petitioner will face irreparable loss and hardship, if auction proceedings are completed. Under these circumstances, we deem it appropriate to dispose of this writ petition without going into further merits of the case with a direction to the DRT, Visakhapatnam to consider and pass appropriate orders in accordance with law in the stay application in

I.A.No.3637 of 2026 in S.A.No.544 of 2026 as early as possible preferably on 24.09.2026 or within two (02) weeks from the date of receipt of a copy of this order to meet the interest of justice.

5.

Accordingly, this writ petition is disposed of with a direction to DRT, Visakhapatnam to consider and pass appropriate orders in accordance with law in the stay application in I.A.No.3637 of 2026 in S.A.No.544 of 2026 as early as possible preferably on 24.09.2026 or within two (02) weeks from the date of receipt of copy of this order.

6.

Till orders passed by the DRT, Visakhapatnam in I.A.No.3637 of 2026, the e-auction notice dated 07.08.2026 is kept in abeyance. There shall be no order as to costs.

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

____________________

BATTU DEVANAND, J

_______________________

TUHIN KUMAR GEDELA, J

Dated: 18.09.2026

TJN/SZT

04

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

Dated: 18.09.2026

TJN/SZT

HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

WRIT PETITION NO: 26777 OF 2026

PROCEEDING SHEET

SL.

NO.

DATE