Andhra Pradesh High Court
WP/11207/2026 of M/S TIRUMALA INDUSTRIES Vs THE UNION OF INDIA on 27 April 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A . HARI HARANADHA SARMA WRIT PETITION NO: 11207/2026
APHC010215802026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY,THE TWENTY EIGHTH DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT PETITION NO: 11207/2026
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1. M/S TIRUMALA INDUSTRIES, REP. BY ITS PROPRIETOR, SMT. YELIPE CHANDRAKANTHAM, W/O. LATE YELIPE ARJUNA RAO, AGED 63 YEARS, HAVING ITS OFFICE AT D.NO. 4-85, INDUSTRIAL PARK, NARASIMHARAO PETA, ELURU TOWN DISTRICT.
2. SMT. YELIPE CHANDRAKANTHAM, W/O. LATE YELIPE ARJUNA RAO, AGED 63 YEARS, RIO. D. NO. 4-85, INDUSTRIAL PARK, NARASIMHARAOPETA, ELURU TOWN DISTRICT.
3. SRI. YELIPE SURESH BABU,, S/O. LATE YELIPE ARJUNA RAO, AGED
YEARS, RIO. D.NO. 4-85, INDUSTRIAL PARK, NARASIMHARAO PETA, ELURU TOWN DISTRICT.
4. SMT. YELIPE UMA DEVI,, D/O. LATE YELIPE ARJUNA RAO, _ AGED 43 YEARS, RIO. D.NO. 4-85, INDUSTRIAL PARK, NARASIMHARAO PETA, ELURU TOWN DISTRICT.
5. 5. SMT. YELIPE USHA RANI, D/O. LATE YELIPE ARJUNA RAO, AGED 42 YEARS, RIO. D. NO. 4-85, INDUSTRIAL PARK, NARASIMHARAO PETA, ELURU TOWN DISTRICT. ...PETITIONER(S) 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. STATE BANK OF INDIA, REP. BY ITS AUTHORISED OFFICER, STRESSED ASSERTS RECOVERY BRANCH, ADMINISTRATIVE OFFICE CAMPUS, BALAJI NAGAR, SIRIPURAM JUNCTION, VISAKHAPATNAM - 530003
4. K S SUNITHA, W/O. UNKNOWN, APPOINTED AS ADVOCATE- COMMISSIONER IN CRI.M.P. NO. 60 OF 2026 ON THE FILE OF HON'BLE CHIEF JUDICIAL MAGISTRATE-CUM-SENIOR CIVIL JUDGE COURT, WEST GODAVARI DISTRICT, ELURU. ...RESPONDENT(S): 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 order stay of all further proceedings including contemplated action of 3rd Respondent to take possession of secured properties to an extent of 600 Sq. Yards of Industrial Site and Building situated in Plot No.9 covered by Sy. No. 184 (P) of Vatluru Village, Pedapadu Mandal, Eluru District, Erstwhile West Godavari District, through the 4th Respondent pursuant to his earlier/ latest notices issued on 17.02.2026 & 16.04.2026, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S):
1. PALA KARTHI KIRAN Counsel for the Respondent(S):
1. S SATYANARAYANA MOORTHY
2. The Court made the following:
THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
W.P. No.11207 of 2026 O R D E R: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)
Present Writ Petition is filed with a prayer to issue an appropriate Writ or Direction particularly in the nature of writ of Mandamus, seeking a direction to the 2nd respondent to take up I.A.No.951 of 2026, filed by the writ petitioner in S.A.No.164 of 2026 pending before the 2nd respondent and dispose of the same in accordance with law.
2. Heard learned counsel on both sides.
3. The grievance of the petitioners in brief, is that the Securitization application in S.A.No.164 of 2026 is filed before the Debts Recovery Tribunal (DRT) by the petitioners along with an application for interim orders vide I.A.No.951 of 2026, dated 23.02.2026 under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, whereas the 3rd respondent is trying to take up the possession of secured properties, in an extent of 600 Sq.yards of Industrial Site and Building situated in Plot No.9 covered by Sy.No.184(P) of Valtulur village, Pedapadu Mandal, Eluru District Erstwhile West Godavari District through the 4th respondent, through the notices dated 17.02.2026 and 16.04.2026 arbitrarily.
Hence, a direction to the 2nd respondent Tribunal is necessary to dispose of the Say application and to pass appropriate orders as the Court may deed it proper.
4. Learned counsel for the petitioners would submit that, taking any further step pursuant to the recovery proceedings before the determination of Stay application filed in S.A.No.164 of 2026 vide I.A.No.951 of 2026 would cause serious prejudice to the interest of the petitioners and the purpose of filing S.A. will get defeated.
5. Upon considering the material papers available on record and also the submissions of both sides, the Writ Petition is disposed of in the presence of both sides counsel, directing the 2nd respondent to dispose of the application filed by the petitioners vide I.A.No.951 of 2026 in S.A.No.164 of 2026 within a period of (3) weeks, from today. Till then, with regard to the subject property, status quo as on this day shall be maintained by the parties. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
__________________________ JUSTICE BATTU DEVANAND
__________________________________ JUSTICE A.HARI HARANADHA SARMA Date: 28.04.2026 Pnr
THE HON’BLE SRI JUSTICE BATTU DEVANAND and THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
W.P. No.11207 of 2026
Dt.28.04.2026
Pnr