Sri Chandragiri Yesu Ratnam vs The Debt Recovery Tribunal Ii
2025 Latest Caselaw 3961 Tel

Telangana High Court

Sri Chandragiri Yesu Ratnam vs The Debt Recovery Tribunal Ii on 16 June, 2025

     THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                         AND
      THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO

                    Writ Petition No.16129 of 2025

Mr.Ujwal Babu Kuppala, learned counsel for the petitioner.


JUDGMENT:

Learned counsel appearing for the petitioner, who claims to be

the successful auction purchaser in respect of the property belonging

to R.4 (borrower), is unable to explain as to why the petitioner has not

availed the statutory remedy available to the petitioner under The

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002.

2. In any event, counsel points to an order dated 23.12.2019

passed by the Debts Recovery Tribunal - II, Hyderabad ('DRT-II') on an

application filed by R.4/borrower. Counsel submits that this order

was an exparte order and that there has been a breach of the

principles of natural justice. However, the facts reflect that the order

of the DRT-II was passed five years six months back i.e., in 2019 and

the petitioner herein was the respondent No.2 in the said proceedings.

3. No fact has been placed before the Court to show as to why the

High Court under Article 226 of the Constitution of India should

entertain a matter where the petitioner has an effective alternative

remedy available to him. A mere allegation of violation of the

principles of natural justice or judicial procedure is not sufficient to

entertain the Writ Petition in the absence of any fact or law which

would come to the aid of the petitioner.

4. W.P.No.16129 of 2025, along with all connected applications, is

accordingly dismissed. The petitioner is given liberty to approach the

statutory forum in accordance with law.

Interim orders, if any, shall stand vacated. There shall be no

order as to costs.

__________________________________ MOUSHUMI BHATTACHARYA, J

______________________________ B.R.MADHUSUDHAN RAO, J 16th June, 2025.

BMS