WP/35330/2025 of DodIa Koti Reddy, Vs THE DEBTS RECOVERY TRIBUNAL AT VISAKHAPATNAM on 18 December 2025

1. DODIA KOTI REDD AGED 40 YEARS, CHIRALA TOWN A

1. THE DEBTS RECO ITS CHAIRMAN, VIS

2. M/S CHOLAMAND REP. BY ITS AUT WCM BBN SHOPP MUNTHAVARI CEN

3. ANURADHA DODIA 13-3

JAMMICH PRAKASAM DISTR

4. ANU DIARY FARM JAMMICHETTU LA DISTRICT, ANDHRA Petition under Articl circumstances stated in E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) HE NINETEENTH DAY OF DECEMBE THOUSAND AND TWENTY FIVE PRESENT RI JUSTICE CHEEKATI MANAVEND BLE SRI JUSTICE TUHIN KUMAR G RIT PETITION NO: 35330/2025 DY,, S/O LATE CHINNA VENKATESW , R/O. D.NO.1-13-3, JALAMMA TR AND MANDAL, BAPATIA DISTRICT. AND OVERY TRIBUNAL AT VISAKHAPAT SAKHAPATNAM, VISAKHAPATNAM ALAMA INVESTMENT AND FINAN THORIZED OFFICER, 2ND FLOOR, PING COMPLEX. RAJA RAMAMOH NTRE, CHIRALA, ANDHRA PRADES A, W/O LATE D. SRINIVASA REDDY HETTU LANE, VYKUNTAPURAM RICT, ANDHRA PRADESH M, REP BY. ANURADHA DODIA, ANE, VYKUNTAPURAM, CHIRALA A PRADESH ...RES le 226 of the Constitution of India pra the affidavit filed therewith, the High DESH

ER DRANATH ROY GEDELA WARA REDDY REE STREET,

...PETITIONER NAM, REP. BY M DISTRICT. NCE PVT LTD, R9G3 PLUS ANA ROY RD, SH. Y, R/O D.NO.1- M, CHIRALA, D.NO.1-13-3, PRAKASAM SPONDENT(S): aying that in the h Court may be pleased tomay be pleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in not disposing the stay application in I.A. No.4239 of 2025 in S.A.No.664 of 2025 on the file of the Debt Recovery Tribunal, Visakhapatnam and stay of Advocate Commissioner notice dt.08-12-2025 of the house property situated at Vaikuntapuram, Chirala Municipal Corporation, Chirala Mandal, Prakasam District, during the pendency of the stay application in the S.A.No.664 of 2025 during the pendency of the stay application as illegal irregular, arbitrary and also violation of the provisions of the Securitization And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act 2002 (SARFAESI) and Rules framed there under and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 1st respondent to dispose the stay application in I.A. No.4239 of 2025 in S.A.No.664 of 2025 forthwith and pass such IA NO: 1 OF 2025 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 to grant stay of all further proceedings including the auction of the property situated at Vaikuntapuram, Chirala Municipal Corporation, Chirala Mandal, Prakasam District, and stay of Advocate Commissioner notice dt.08-12-2025, during the pendency of the stay application in the S.A.No.664 of 2025 which is schedule property in S.A.No.664 of 2025 on the file of the 1st respondent pending disposal of the main writ petition and pass such Counsel for the Petitioner:

1. ARDITI VENKATA NAGA YASWANTH Counsel for the Respondent(S):

1. The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

Heard learned counsel for the petitioner.

2. Aggrieved by the measures initiated by the 2nd respondent-financial institution under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short, ‘the Act’), for recovery of the loan amount from the principal borrower by taking possession of the secured asset to proceed further as per the procedure contemplated under the Act, the petitioner, who is not a principal borrower or a guarantor and claiming to be owner of the secured asset and alleging that behind his back that his property was offered as security by the principal borrower, he has challenged the said measures initiated by the 2nd respondent-financial institution before the Debts Recovery Tribunal by way of filing securitization application in S.A.No.664 of 2025 before the Debts Recovery Tribunal, Visakhapatnam. Alongside the application, he has filed I.A.No.4239 of 2025 seeking stay of the further proceedings.

3. It is his grievance that the Debts Recovery Tribunal is not considering the said stay application even though there is urgency to consider the same and that the Debts Recovery Tribunal has posted the said I.A.No.4239 of 2025 to a distant date i.e., 09.02.2026 and as possession of the property may be taken at any point of time, he has approached this Court by way of filing this writ petition.

4. As the petitioner has already approached the Debts Recovery Tribunal, which is an appropriate forum, for redressal of the grievance on the grounds which are urged before this Court, we are not inclined to interfere with the matter and to entertain the writ petition. However, we are of the considered view that in view of the urgency that is urged by the petitioner, that a direction is required to be given to the Debts Recovery Tribunal to advance the said stay application and consider the same and pass appropriate orders on it, according to law and dispose of the same expeditiously.

5. Therefore, the Writ Petition is disposed of with a direction to the 1st respondent-Debts Recovery Tribunal, Visakhapatnam, to advance I.A.No.4239 of 2025 and hear the same and pass appropriate orders on it, according to law, within 15 days from date of receipt of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_____________________________ JUSTICE TUHIN KUMAR GEDELA

Date: 19.12.2025 MDP