Chilkuri Sharmila Kumari vs The Debts Recovery Tribunal
2024 Latest Caselaw 9141 AP

Andhra Pradesh High Court - Amravati

Chilkuri Sharmila Kumari vs The Debts Recovery Tribunal on 3 October, 2024

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

                                          1
                                                                  RRR,J & HN,J
                                                            W.P.No.22118/2024

 APHC010432092024
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                      [3488]
                             (Special Original Jurisdiction)

                    THURSDAY ,THE THIRD DAY OF OCTOBER
                      TWO THOUSAND AND TWENTY FOUR

                                     PRESENT

         THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

                THE HONOURABLE SRI JUSTICE HARINATH.N

                        WRIT PETITION NO: 22118/2024

Between:

Chilkuri Sharmila Kumari and Others                      ...PETITIONER(S)

                                        AND

The Debts Recovery Tribunal and Others                  ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. K V ADITYA CHOWDARY

Counsel for the Respondent(S):

1.

The Court made the following Judgment:

(Per Hon'ble Sri Justice R. Raghunandan Rao)

Heard Sri K.V. Aditya Chowdary, learned counsel appearing for the

petitioners and Smt. V. Dyumani, learned Standing Counsel appearing for the

2nd respondent.

2. The petitioners had sought intervention of the Chairman, Debt

Recovery Tribunal, from the course taken by the 2nd respondent under the

SARFAESI proceedings initiated by the 2nd respondent.

RRR,J & HN,J

3. The petitioners said to have filed S.A.No.482 of 2024 for that

purpose and had also filed I.A.No.2830 of 2024 for the purpose of obtaining a

stay against the dispossession from the house, which is the subject matter of

the SARFAESI proceedings.

4. The petitioner has approached this Court with the complaint that

the Debt Recovery Tribunal had not disposed of I.A.No.2830 of 2024 and that

the said application has been posted to17.10.2024 which leaves the petitioner

remediless against the coercive steps being taken by the 2nd respondent.

5. With this complaint, the petitioners have filed the present writ

petition seeking a stay of all further proceedings.

6. Smt. V. Dymani, learned Standing Counsel, taking notice for

Respondent No.2, and on instructions, submits that possession of the house

is taken on 13.09.2024 and the petitioners were also permitted to take away

their belongings from the said residence.

7. In the aforesaid circumstances, this writ petition is closed, leaving

it open to the petitioners to avail their remedies before the Debt Recovery

Tribunal. There shall be no order as to costs.

As a sequel, pending miscellaneous applications, if any, shall stand

closed.

R. RAGHUNANDAN RAO,J

HARINATH.N,J Js.

RRR,J & HN,J

RRR,J & HN,J

HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO And HONOURABLE SRI JUSTICE HARINATH.N

3rd October, 2024 Js.