WP/29975/2025 of MANNAVA HARINADH BABU Vs THE DEBTS RECOOVERY TRIBUNAL on 6 November 2025

1. MANNAVA HARINADH BABU, S/O. UMA MAHESWARA RAO, AGED 46 YEARS, RESIDENT OF FLAT NO.4, SRI GANESH NILAYAM, 1ST LANE, 2ND CROSS ROAD, NAVABHARAT NAGAR, GUNTUR, ANDHRA PRADESH-522 006.

...PETITIONER AND

1. THE DEBTS RECOVERY TRIBUNAL, REP. BY ITS CHAIRMAN, VISAKHAPATNAM, ANDHRA PRADESH-530001.

2. THE AUTHORIZED OFFICER, CANARA BANK, ARM BRANCH, 2ND FLOOR, CIRCLE OFFICE, H.NO.54-15-5, DHOOM BUILDING, SRINVASA NAGAR BANK COLONY, VIJAYAWADA- 520008.

...RESPONDENT(S): Counsel for the Petitioner:

1. KHAJA KHUTUBUDDIN SHAIK Counsel for the Respondent(S):

1.

2. SREEDHAR VALIVETI The Court made the following:

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.29975 of 2025 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

Heard learned counsel for the petitioner and learned counsel for the 2nd respondent-bank.

2. The limited prayer of the petitioner in this writ petition is to direct the Debts Recovery Tribunal, Visakhapatnam, to take up I.A.Nos.437 of 2025, 438 of 2025, 2030 of 2025, 2036 of 2025 and 2037 of 2025 in S.A.No.83 of 2025 for hearing and to dispose of the same expeditiously.

3. Challenging the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, by the 2nd respondent-bank, the petitioner has approached the Debts Recovery Tribunal, Visakhapatnam, by filing S.A.No.83 of 2025. As the 2nd respondent-bank has issued sale notice dated 18.01.2025, fixing the date of e-auction to be held on 05.02.2025, the petitioner has filed the aforesaid interlocutory applications challenging the said sale notice on the ground that only 19 days period is given for conducting the e-auction and on other grounds. The petitioner has also filed advance petition before the Debts Recovery Tribunal. All those interlocutory applications are pending hearing before the Debts Recovery Tribunal. Alleging that if the said applications are not heard and disposed of, irreparable loss would be caused to the petitioner and the very S.A. would become infructuous, the petitioner sought a direction to the Debts Recovery Tribunal to take up the said interlocutory applications for hearing and to dispose of the same expeditiously.

4. At the time of hearing this writ petition, learned counsel for the 2nd respondent-bank submitted that the e-auction that was scheduled to be held on 05.02.2025 was cancelled as there were no bidders available to participate in the said auction.

5. In that view of the matter, there is no urgency at present to direct the Debts Recovery Tribunal to take up those interlocutory applications for hearing to dispose of the same expeditiously.

6. Accordingly, the writ petition is dismissed. However, if any fresh date is fixed for conducting the auction by the respondents, the Debts Recovery Tribunal, Visakhapatnam, shall take up the said interlocutory applications for hearing for expeditious disposal according to law. There shall be no order as to costs.

As a sequel, interlocutory applications, if any pending, in this case shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 07.11.2025 IBL

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION No.29975 of 2025

Dt: 07.11.2025 IBL