High Court · 2025

THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO: 1520 1 0F 2025 Between:

1. M/s. Soham Engineerinq Constructions, bv Smt. 2881541A, Housewife. aged 62 years, Gajanmahal Hyderabad 500029 Sml N. Padma, Dio. VV. Narayana, Rto. 1-2-2BBtS4lA, Gaganrnahal Colony, Domalguda, Hyderabad 50002E N. Padma, Rlo. 1-2- Colony, Domalguda, ...PETITIONERS Union of lndian, Department of Financial Services, Represented by its Secretary, Sansad Marg, North Block, New Delhi 1 10d01 . Bank of Baroda, ROSAR Branch, Hyderguda, Hyderabad SOOOZS. The Authorized Officer, Bank of Baroda, ROSAR Branch, Hyderguda, Hyderabad 500029 2 AND 1 ., ...RESPONDENTS Petition unddr Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court hay be pleased to issue a writ, more particularly one rn the nature of mandamus direciing the respondents 2 and 3 to return the original tifle documents to schedule properties in sA 198/20'18 on the file of Hon'ble Debt Recovery Tribunal - l, Hydeiabad to the petitioners giving effect to the order dt 24.04.2023 and to deliver possession of the suit schedule properties in the above case to the applicants in sA 19g/201 B in Hon'ble Debts Recovery Tribunar - I, Hyderabad by holding the actions of the Honble Debts Recovery Appellate Tribunal, Kolkata. in not adjudicating all the t.As from 45412024 to 45812024 giving effect to the orders dt. 24.O4.202i of DRT _ l, Hyderabad in sA 198/2018 before hearing appeals and the action in posting them along with the main appeal for hearing in a way making the applications infruttuous on being decided the appeals either way and not exercising the jurisdiction vested in it as arbitrary. illegal and causing great prejudice to the petitioners (applicants in SA 198i2018 in DRT - l, Hyderabad) lA NO: 1 OF 20215 Petition under Section 151 CPC praying that in the circurnsl.ances stated in the affidavit filed in support of the petition, the High Court rnay be prleased to direct the respondents; 2 and 3 to redeliver the possession of Sr;hedule A and B properties of SF, 'l9tt/2018 on the file of the Hon'ble Debt Reccvery Tribunal - I, Hyderabad, and file status repoft after delivery before :he Hcn'ble High Court pending disposal of the Writ petition lA NO: 2 OF 2025 Petition urrder Section 151 CPC praying that in the circunrstrances stated in the affidavit filed in support of the petition, the High Court may br: pleased to direct the respondents 2 and 3 to forthwith deposit original title dc,cuments, of plaint A and B Schedule propertios in SA 198/2018 on the file of the Hon'ble Debt Recovery Tribunal - l, Hyderabad, with the Registrar of DRT - I, Hyderaoarl to be handed over to the applicants in SA 198/2018 on its file on dlre idernt fication by the Tribunal and report compliance to the Hon'ble High Court pending disposal of the Writ petition lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circunrstirnces stated in the affidavit filed in support of the petition, the High Court r.'ray be pteased to grant stay of hearing o' RA 79 I 2023, RA 50 I 2024 including l.A. 454 ctf 2:024 to l.A. 458 o'f 2024 on the fi e of l-lon'ble Debts Recovery Appellate Tribunat, K olkata pending disposal of the writ petition Counsel for the l,etitioners:SRl A. SURYANARAYANA REPRESENTING FOR MS, VAJJALA K/\RUNA KUMARI Counsel for the llespondent No.'l: SRI GADI PRAVEEN KUMAR Deputy Solicitor General of lndia Counsel for the llespondent Nos.2&3: -- The Court made the lollowing: ORDER I I I I t i THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT P ETITION No. ts20t oF 2025 ORDER, Qter lbn'blc Sri.lusticc I,.Sunt Koshy,) Heard Mr. A. Suryanarayana, Ieamed Senior Counsel representing Ms. V.Karuna Kumari, leamed counsel for the petitioners

2. The present is a writ petition by the petitioners under Arl.icle 226 of the Constitution of India aggrieved by the order dated 0 I .04.2025 passed by the Debts Recovery Appellate Tribunal, at Kolkata in Appeal No.79 of 2023, whereby the leamed Appellate Tribunar was not incrined to decide [.As those were filed by petitioner No.2 herein/respondent No.3, i.e., I.A.Nos.454, 455,456, 457 and 458 of 2014. The Appeal is one which has been filed by respondent No.2 herein/ Bank of Baroda.

3. Perusal of the impugned order dated 01.04.2025 would show that the Appellate l-ribunal has made a categorical observation thar I.A.Nos.454, 455, 456, 457 and 458 of 2024 would be considered along with thc appeal itself when the appeal 2 Ihe observations made in the irnptrgne'l order is decidecL trn:rllr arso reflecr that in fact the Appelrate Tribunar wzLs .ear11 to hear the pctttttttrr'r No.2 the matt:r i self on merits' but it was herein/re;Pon d ent No'3 before the APPellate Tr: bunal not readr to .rrgue the case and took time' 4. For leadl' ret-erence' a poflion of the irnpugucd order reprodur:ed I erein under: 9 [p rVOS - IS ''t (\(l1 /or1('r .rtt: liu'lhu' rtbservetl that in thc suitl t:asa rt|tltcul ttrr; tcl tL. trtnte up -for h"o'ing But in the Prt'stnl,r'Ls' Itttrne'l Scniltr Att'oclt'rc for Rtspontlent trir'J rr'r' u;]"'tl ttt Ltttlue tlrc appeal on meriis but he ditt not Ltgrce to (tr:!tt( Lnd 1trttl't:t! .litr hcaring o'/ the I A s' ln sutl' t.ircuntstunces having tonsideretl l'h(' \tth ti\\i'tns tntltlrtreliefs'toi*"ai-''n''tAslamttJ'llt':"unsi'larctl in decidetl aktng tt'irh tht linul ltut irtg t ievt thut t 4 ' 'houli of lht' t,PPe ul"

5. Givc n the aforesaid categorical tinding b1' tl're Appellate fribunar. \vc do not find any perversity or ilregatitl on the pafi of the Appellate Tribunal white fixing the appeat itsell-ro be decided on me rits rrr 09'06'2025 .Acc:or<Iingly, the instant Writ Petition strnds clisposed oL lt 6. goes ivitl'out saying that as has been observ':d by th': Appellate Tribtrr-ral, lct all the lAs also be disposed of arong *itir the appeal 1 J . --------7 3 itself. It is needless to mention that befiore taking up the rnatter finally, the Courl will ensure the service of notice being completed on all the respondents and appropriate proceedings may be taken against the pafiies who are not representing befbre the Tribunal. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPYII SD/-V. KAVITHA DEPUTY REGISTRAR SECTION OFFICER ,] 1 The Secretary, Union of lndian, Department of Marg, North Block, New Delhi i 10001, ncial Services, Sansad 2 Bank of Baroda, ROSAR Branch, Hyderguda, Hyderabad 5O0O2g. 3 The AuthorilgQ Bank of Baroda, ROSAR Branch, Hyderguda, Hyderabad 500029 -Qfficer, 4 One CC to Ms. VAJJALA KARUNA KUMART Advocate tOpUCl 5. One CC to SRl. GADI PRAVEEN KUMAR Deputy Soticitor Generat of lndia Advocate TOPUCI Two CD Copies 6 KKS BS l\ L * I 'l I i I t ! ,,li I I l l. ,t t l, HIGH COURT DATED:21 10512025 V,A.C'ATION COURT ,'::= =:::" zrii. :a'- s,, ; 16: 2 ii rrAY uE t 2: I J { \.. ORDER WP.No.15201 ot 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS ,i A l $l( ( o