WP/25665/2026 of CITY UNION BANK LIMITED Vs M/S SREE GOPALA KRISHNA FLOUR AND OIL MILL on 8 September 2026

1. CITY UNION BANK LIMITED, Rep. by its Authorised Officer D.No.20/979, Cooperative Colony Near by SBI, Cuddapah, AP ...Petitioner AND

1. M/S SREE GOPALA KRISHNA FLOUR AND OIL MILL, Rep. by its Managing Partner Mr.D.Ravi Kumar Gupta S/o D.Narasimhaiah Gupta R/o D.No.2/936, Devaki Nagar Nagarajupeta, Kadapa-516001 ...Respondent 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 to issue Writ or Order or Direction more particularly the one in the nature of Writ of Mandamus declaring the inaction of the Honble Debts Recovery Tribunal-II, Hyderabad in disposing SA.No.414/2024 on merits as illegal, high handed, arbitrary, erroneous and against to the prescriptions mandated under the provisions of SARFAESI Act and Rules made thereunder, well settled principles of Law and also principles of natural justice and consequentially to direct the Honble Debts Recovery Tribunal-II, Hyderabad to dispose the SA.No.414/2024 on merits immediately and to pass such other relief or reliefs which the Honble Court deems just and proper under the circumstances of the case. 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 pass interim orders directing the Hon’ble Debts Recovery Tribunal-II, Hyderabad to dispose off the SA.No.414/2024 on merits immediately a Counsel for the Petitioner: CH LAXMI CHAYA Counsel for the Respondent The Court made the following order:

THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO.25665 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand)

This Writ Petition is filed against the inaction of the Debts Recovery Tribunal-II, Hyderabad in disposing of S.A.No.414 of 2024.

2. Learned counsel for the petitioner would submit that the respondent filed S.A.No.414 of 2024 before the Debts Recovery Tribunal-II, Hyderabad under Section 17 of the 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’) on 30.09.2024. Even after expiry of two (02) years, the Debts Recovery Tribunal is not disposing of the S.A on merits and by virtue of the interim order granted by the Debts Recovery Tribunal-II, Hyderabad, the petitioner is suffering a lot.

3. On perusal of the material available on record, it is clear that the respondent filed S.A.No.414 of 2024 before the Debts Recovery Tribunal-II, Hyderabad on 30.09.2024 and it is pending.

4. As per Section 17(5) of the S.A.R.F.A.E.S.I Act, the Debt Recovery Tribunal shall dealt 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.

5. Admittedly, in the present case, S.A.No.414 of 2024 was pending before the Debts Recovery Tribunal-II, Hyderabad for the last two (2) years and the time stipulated under Section 17(5) of the S.A.R.F.A.E.S.I Act already expired.

6. In view of the same, in our considered view, it is appropriate and desirable to dispose of this Writ Petition at the stage of admission without going into the merits of the case with certain direction to the Debts Recovery Tribunal to meet the ends of justice.

7. Accordingly, this Writ Petition is disposed of with a direction to the Debts Recovery Tribunal-II, Hyderabad to dispose of S.A.No.414 of 2024 as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order by following due process of law. There shall be no order as to costs.

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

__________________________ JUSTICE BATTU DEVANAND

____________________________ JUSTICE TUHIN KUMAR GEDELA Dated: 09.09.2026 TM

THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO.25665 OF 2026

Dated: 09.09.2026 TM