City Union Bank Limited, vs Mrs.Malcinedi.Mani Kumari,
2022 Latest Caselaw 1587 AP

Citation : 2022 Latest Caselaw 1587 AP
Judgement Date : 31 March, 2022

Andhra Pradesh High Court - Amravati

City Union Bank Limited, vs Mrs.Malcinedi.Mani Kumari, on 31 March, 2022

     THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
                                 AND
         THE HONOURABLE SMT. JUSTICE V.SUJATHA

                 WRIT PETITION No.1230 OF 2022


ORDER:- (Per Hon'ble Sri Justice C.Praveen Kumar)


      Heard both sides and perused the record.

2.    The present Writ Petition came to be filed under Article 226

of the Constitution of India seeking the following relief:-

      "to issue an order, writ of mandamus or any other writ
      directing to stay the operation of the Orders passed by the
      Hon'ble DRT, Visakhapatnam in S.A.No.75 of 2020, Dated
      08.10.2021 till the disposal of the Appeal Number 46 of
      2021, pending before the Hon'ble DRAT, Kolkata, in view of
      non-functioning of the Hon'ble DRAT Kolkata, in which the
      Hon'ble DRT, Visakhapatnam was pleased to set aside the
      Sale dated 14.02.2020, conducted by the Petitioner Bank
      and declared the Sale Deeds registered in favour of the
      Respondents 3 and 4, as illegal and set aside, in view of the

Judgment of the Hon'ble Supreme Court in Bar Council of Madhya Pradesh Vs. Union of India and to pass such other orders".

3. Today, when the matter is taken up for hearing, learned

counsel for the petitioners would submit that though the

petitioners herein have preferred appeal against the order passed

by the Debts Recovery Tribunal, Visakhapatnam, but since the

Debts Recovery Appellate Tribunal, Kolkata is not functioning, the

present writ petition came to be filed.

4. Since the Debts Recovery Appellate Tribunal is now

functioning, the petitioners shall pursue their remedy before the

said forum by making appropriate application, if required, in which

event, the authority concerned may deal with the same at the

earliest, in accordance with law.