WP/30875/2025 of SATYANARAYAN RAMAKURTHI Vs THE DEBTS RECOVERY TRIBUNAL on 5 November 2025

1. The Debts Recovery Tribunal, Rep. by its Chairman, Visakhapatnam Andhra Pradesh- 530001 M/s Aadhar Housing Finance Ltd, Kakinada Branch, Rep. by its Authorized Officer, 2"'^ Floor, Mini Bypass Road, Reveti Center, Kakinada - 533430. ...Respondents

V Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ order, writ may be or direction, more particularly one in the nature of Writ of Certiorari declaring the action of the 1st respondent in not in S.A. No.659 of 2025 as arbitrary Illegal and violation of principles of natural justice and Articles 300A of the Constitution of India and consequently direct the 1®* Respondent Tribunal to expedite the proceedings in I.A. No 2144 of 2025 of 2025. passing the orders in I.A.No.2144 of 2025 14, 19, 21 and in S.A. No 659 lA NO: 1 OF 2n?.*> Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court stay all further proceedings in the notice dt. 25-10-2025 issued by the 2 respondent for taking physical possession of the praying that in the circumstances stated may be pleased to nd property. Counsel for the Petitioners: M/S. A.PADMA VANDITHA Counsel for the Respondents: NONE APPEARED The Court made the following order:

APHC010598412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 30875/2025 Between:

1. SATYANARAYAN RAMAKURTHI, S/0. VENKATA RAO YEARS, R/0 D.NO. 7-17, NEAR DHARMAVARAM, EAST GODAVARI DISTRICT-533430.

2. SMT. VENKATA LAKSHMI RAMAKURTHI, , W/0. SATYANARAYANA RAMAKURTH, AGE 48 YEARS, R/0. D.NO. 7-17, NEAR SAI BABA TEMPLE, DHARMAVARAM, EAST GODAVARI DISTRICT - 533430. 3.. SRI SURYANARAYANA RAMAKURTHI,, S/0. SATYANARAYANA RAMAKURTHI, AGE 32 YEARS R/0 D.NO. 7-17, NEAR SAI BABA TEMPLE, DHARMAVARAM, EAST GODAVARI DISTRICT - 533430. ...PETITIONER(S) AGE

SAI BABA TEMPLE, AND

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

2. M/S AADHAR HOUSING FINANCE LTD, KAKINADA BRANCH, REP.BY ITS AUTHORIZED OFFICER, 2ND FLOOR, MINI BYPASS ROAD, REVETI CENTER, KAKINADA - 533430. ...RESPONDENT(S): 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 topleased to issue a Writ order, writ or direction, more particularly one in the nature of Writ of Certiorari declaring the action of the 1st aM%j dc gi%3 .W<PMo.30875of2025 respondent in not passing the orders in I. A. No 2144 of 2025 in S.A. No 659 of 2025 as arbitrary illegal and violation of principles of natural justice and Articles 14, 19, 21 and 300A of the Constitution of India and consequently direct the 1st Respondent Tribunal to expedite the proceedings in I.A. No 2144 of 2025 in S.A. No 659 of 2025 and to pass lA 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 stay all further proceedings in the notice dt. 25-10-2025 issued by the 2nd respondent for taking physical possession of the property and pass Counsel for the Petitioner(S):

1. A.PADMAVANDITHA Counsel for the Respondent(S):

1. The Court made the following:

ei giXJ 'W.<P.9/o.3087S of2025 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioners. The petitioners are the borrowers who availed loan from the 2""^ respondent - M/s. Aadhar Housing Finance Limited. They offered the property in question as security for repayment of the loan amount. As the petitioners failed to repay the borrowed amount, the 2""' respondent has initiated proceedings under SARFAESI Act and brought the secured assets for sale by way of conducting public auction. The said proceedings initiated under SARFAESI Act are challenged on various grounds by the petitioner before the Debts Recovery Tribunal, Visakhapatnam by way of filing S.A.No.659 of 2025. They also filed an application I.A.No.2144 of 2025 seeking stay. The grievance of the writ petitioners in this writ petition is that the Tribunal has ordered notice in the said Interlocutory Application and posted the matter to 11.11.2025, even though the possession of the property is sought to be taken tomorrow i.e., on 07.11.2025. It is the grievance of the petitioners that if the possession of the property is taken tomorrow, the said Interlocutory Application I.A.No.2144 of 2025 as well as S.A.No.659 of 2025 that was filed becomes infructuous. So, they prayed to direct the respondent - the Debts Recovery Tribunal, Visakhapatnam, to dispose of the Interlocutory Application I.A.No.2144 of 2025 expeditiously.

2.

3. St

4. Having regard to the said limited grievance of the writ petitioners and the prayer made in the writ petition, this Writ Petition is disposed of, with a direction to the respondent the Debts Recovery Tribunal, Visakhapatnam, to take up I.A.No.2144 of 2025 for hearing expeditiously, if notice is already served on the respondent, if not, after notice is served on the respondent and dispose of the said Interlocutory Application on merits according to law after hearing both the parties. Till then, there shall be a direction to the 2^^ respondent not to take physical possession of the property in question. There shall be no order as to costs.

v > A

C.M%3 ^ gT%J W.(PMoJ087Sof202S sequel, Miscellaneous Applications pending, if any, shall

5. As a stand closed. Sd/- A VIJAYA BABU DEPUTY REGISTRAR V //TRUE COPY// \ SECTION OFFICER To, Debts Recovery Tribunal, Visakhapatnam Andhra

1. The Chairman, Pradesh- 530001

2. The Authorized Officer, M/s Aadhar Housing Finance Ltd., Kakinada 2"^^ Floor, Mini Bypass Road, Reveti Center, Kakinada - Branch, 533430. OneCCto M/S. A.PADMA VANDITHA, Advocate [OPUC] 3: / 4^ Two CD Copies sree

HIGH COURT DATED:06/11/2025

ORDER

WP NO. 30875 OF 2025 ^ 01 NOV 2025^ VsftirrMt S«ctio|^Xi>' DISPOSING OF THE W.P. WITHOUT COSTS