WP/32057/2025 of M/s Sri Satya Electrical Works, Vs UNION BANK OF INDIA on 17 November 2025

1. M/S SRI SATYA E PARTNER, VUR DEVERA, R/O D RAMACHANDRAPU (ERSTWHILE EAST

2. VURUM MADHAVI 46 YEARS, R/O D RAMACHANDRAPU (ERSTWHILE EAST

1. UNION BANK Ramachandrapuram Complex, 0pp. Old Ambedkar Kona Se Chief Manager and Petition under Articl circumstances stated in pleased toPleased to is particularly one in the na E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) THE EIGHTEENTH DAY OF NOVEMB THOUSAND AND TWENTY FIVE PRESENT RI JUSTICE CHEEKATI MANAVEND BLE SRI JUSTICE TUHIN KUMAR G RIT PETITION NO: 32057/2025 ELECTRICAL WORKS,, REP.BY IT RUM MADHAVI, W/O LATE VURU D.NO. 17-6-22, VEERRAJU MAST URAM, DR. B.R AMBEDKAR K T GODAVARI) DISTRICT. ,, W/O LATE VURUM LINGAIAH DE D.NO. 17-6-22, VEERRAJU MAST URAM, DR. B.R AMBEDKAR K T GODAVARI) DISTRICT. ...P AND OF INDIA, (Erstwhile An m Branch, D.No. 22-3-22/6, Su Bus Stand, Ramachandrapuram-53 eema (Erstwhile East Godavari) Distr Authorized Officer. ...R le 226 of the Constitution of India pra the affidavit filed therewith, the High ssue an appropriate writ, order or ature of Writ of Mandamus declaring t DESH

BER DRANATH ROY GEDELA TS MANAGING UM LINGAIAH TER STREET, KONA SEEMA EVRA, AGED. TER STREET, KONA SEEMA PETITIONER(S) dhra Bank), urya Cinemax 33255, Dr. B.R rict. Rep. by its RESPONDENT aying that in the h Court may be direction more the action of the respondent Bank in initiating proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 and in contemplating to take physical possession of the Immovable Property/Secured Asset i.e., Residential RCC Building having Ground, First and Second Floors situated in an extent of 297.55 Sq.Yards, D.No. 17-6-22, R.S No. 478/1 and 480/1, Ward No. 10, Block No. 17, Veerraju Master Street, Ramachandrapuram, Dr. B.R Ambedkar Kona Seema (Erstwhile East Godavari) District, through an Advocate-Commissi oner appointed by the Hon'ble Chief Judicial Magistrate cum Principal Civil Judge (Senior Division) Rajamahendravaram in Crl.M.P.No.329/2025, in respect of Loan Account Nos.046731100000265 and 046730100116283, as illegal, irregular, irrational and violation of the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 besides violation of Principles of Natural Justice, and to consequently direct the respondents bank to consider the petitioner's request for payment of the balance due amount by granting considerable time and to pass 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 pleased to grant interim stay of all further proceedings in pursuance of the orders in Crl.M.P.No.329/2025 on the file of Chief Judicial , Magistrate cum Principal Civil Judge (Senior Division) Rajamahendravaram and notice issued by the Advocate-Commissioner to take physical possession of the Immovable Property/Secured Asset i.e.,Residential RCC Building having Ground, First & Second Floors situated in an extent of 297.55 Sq.Yards, D.No. 17-6-22, R.S No. 478/1 & 480/1 ward no 10, Block No. 17, Veerraju Master Street, Ramachandrapuram, Dr. B.R Ambedkar Kona Seema (Erstwhile East Godavari) District, in respect of Loan

Account Nos.046731100000265 & 046730100116283 of the Respondent bank, during the pendency of this writ petition, in the interest of justice and to pass Counsel for the Petitioner(S):

1. K JYOTHI PRASAD Counsel for the Respondent:

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

Heard Mr. K.Jyothi Prasad, learned counsel for the petitioners. Mrs. V.Dyumani, learned Standing Counsel for Union Bank of India takes notice for the sole respondent. We have heard learned Standing Counsel for the respondent also.

2. Challenging the proceedings initiated by the respondent-Union Bank of India (for short, ‘Bank’) under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) and the attempt being made to take physical possession of immovable property, which is a secured asset of residential building through an advocate commissioner appointed by the learned Chief Judicial Magistrate- cum-Principal Senior Civil Judge, the petitioners have filed the instant writ petition.

3. At the time of hearing the application, it is brought to the notice of this Court both by learned counsel for the petitioners and learned Standing Counsel for the respondent-Bank that already the petitioners have approached the Debt Recovery Tribunal by way of filing S.A.No.537 of 2025, questioning the legal validity of the proceedings issued under Section 14 of the SARFAESI Act and that a stay petition was also filed.

4. Therefore, when the petitioners have already approached the Debt Recovery Tribunal challenging the proceedings issued under the SARFAESI Act, we are not inclined to interfere in this writ petition and to entertain the same, so as to permit the petitioners to maintain parallel proceedings before the Debt Recovery Tribunal and the present Court relating to the same proceedings.

5. However, it is the grievance of the petitioners that even though the stay petition was filed, it was posted to a distant date and upon filing an application to advance the said stay petition, it is advanced to 24.11.2025, for filing vakalath and counter and that the same is pending and he submits that there is an urgency to dispose of the said application, in view of the fact that the Bank is now contemplating to take physical possession of the residential house.

6. In that view of the matter, considering the said limited grievance of the petitioners, the Writ Petition is disposed of with a direction to the Debt Recovery Tribunal to hear and dispose of the said stay petition expeditiously on or before 01.12.2025. The Bank has to file its counter on or before 24.11.2025 without fail. Thereafter, the Debt Recovery Tribunal shall hear the application and pass appropriate orders, according to law on it, on or before 01.12.2025. There shall be an interim direction to the advocate commissioner not to take physical possession of the property pursuant to the order passed by the learned Chief Judicial Magistrate-cum-Principal Senior Civil Judge till 01.12.2025. 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: 18.11.2025 Note: Issue C.C. by 20.11.2025

B/o., MDP