Writ of Mandamus – SARFAESI Act, 2002 – Section 14 – Possession notice issued by Advocate Commissioner – Pending Securitisation Application before DRT – Request for interim protection – Delay in DRT hearing – Maintainability of writ petition – Interim relief granted to protect possession – Directions issued.
The petitioner challenged the inaction of the Debt Recovery Tribunal, Visakhapatnam (2nd respondent) in not disposing of I.A. No. 3737 of 2025 in S.A. No. 570 of 2025, and the simultaneous action of the 1st respondent–IIFL Home Finance Ltd. in proceeding to take physical possession of the mortgaged property through an Advocate Commissioner, during pendency of said proceedings.
It was submitted that the Chief Metropolitan Magistrate, Visakhapatnam, in Crl.M.P. No. 209 of 2025, had appointed an Advocate Commissioner to deliver possession of the property; the Commissioner thereafter issued a notice dated 23.09.2025 requiring the petitioner to vacate within 12 days, failing which possession would be taken.
Aggrieved, the petitioner filed S.A. No. 570 of 2025 before the DRT, along with I.A. No. 3737 of 2025 seeking stay of all further proceedings. The Tribunal by order dated 29.09.2025 issued notice to the Financial Institution and posted the matter to 08.10.2025.
Since the period in the Commissioner’s notice expired on 05.10.2025, and fearing imminent dispossession before the DRT could hear the stay petition, the petitioner approached this Court under Article 226 of the Constitution.
The petitioner relied upon an order in W.P. No. 7095 of 2025, wherein this Court had directed maintenance of status quo with respect to possession of property in similar circumstances.
Held:
Having regard to the submissions made and following the order passed in W.P. No. 7095 of 2025, the Court directed that:
“The respondents shall not dispossess the petitioner from residential flat bearing D.No. 36-92-332/5, admeasuring an extent of 800 sq.ft., pursuant to notice dated 23.09.2025 issued by the Advocate Commissioner in Crl.M.P. No. 209 of 2025 on the file of Chief Metropolitan Magistrate, Visakhapatnam, till appropriate orders are passed in I.A. No. 3737 of 2025 in S.A. No. 570 of 2025 pending before the DRT, Visakhapatnam.”
Result:
Writ Petition disposed of – Interim protection granted – No costs – Pending miscellaneous petitions, if any, closed.
APHC010531182025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[0]
FRIDAY,THE THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 27155/2025
Between:
1. SRI DEENABHANDU YANDAMURI,, S/O. BHOOLOKA
RAO, AGED 48 YEARS, R/O DOOR NO.36-92-299,
JAIBHARATHA NAGAR, KANCHARAPALEM HIGHWAY
ROAD VISAKHAPATNAM-530008.
...PETITIONER
AND
1. IIFL HOME FINANCE, REPRESENTED BY ITS
AUTHORIZED OFFICER, REGISTERED OFFICE AT 12,
A-10, 13TH FLOOR, PARINEE CRESCENE, C-38 AND C39, BEHIND MCA, BANDARULANKA COMPLEX,
BANDRA EAST, MUMBAI, MAHARASTRA.
2. THE DEBT RECOVERY TRIBUNAL, REP. BY ITS
REGISTRAR, D.NO- 31-32-54, CHITRALAYA ROAD,
NEAR LEELA MAHAL ROAD, DABA GARDENS
VISAKHAPATNAM, ANDHRA PRADESH
...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 an appropriate
Writ, Order or direction, more particularly one in the nature of
Writ of Mandamus or any other writ by declaring the inaction of
the 2ndrespondent in deciding the I.A. No. 3737 of 2025 in SA
2025:APHC:41062
No. 570 of 2025 and the action of the 1st respondent / bank in
making attempts to take physical possession of the mortgaged
properties through the advocate commissioner pending the
proceedings before 2nd respondent as Wholly illegal, arbitrary,
unjust, untenable, contrary of Principles of Natural Justice,
provisions of the Securitization and Reconstruction of Financial
Assets and Enforcement of Securities Interest Act, 2002 and
rules framed there under besides being violative of Article 14, 21
and 300-A of Constitution of India and consequently direct the 1st
respondent to not to take any further coercive steps to take
possession of the mortgaged properties of the petitioner till the
I.A. No. 3737 of 2025 in SA No. 570 of 2025 before the Honble
Debt Recovery Tribunal, Visakhapatnam is decided and pass
IA 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 direct the 1st
respondent to not to take any coercive steps including taking
physical possession of the subject property pursuant to notice
dated 23.09.2025, till the I.A. No. 3737 of 2025 in SA No. 570 of
2025 before the 2nd respondent is decided and/or pass
Counsel for the Petitioner:
1.M VENKATA SAI NIKHIL KASHYAP
Counsel for the Respondent(S):
1.
The Court made the following:
2025:APHC:41062
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 27155/2025
ORDER: (per Honourable Sri Justice T.C.D.Sekhar)
The 2nd respondent in the present writ petition filed
Crl.M.P.No.209 of 2025 on the file of Chief Metropolitan
Magistrate, Visakhapatnam seeking to appoint Advocate
Commissioner for the purpose of delivery of physical possession
of the schedule property. Pursuant thereto, the trial Court passed
order appointing Advocate Commissioner and thereafter on
23.09.2025, the Advocate Commissioner issued notice either to
clear the debt or vacate the premises within 12 days. Aggrieved
by the same, the Writ Petitioner preferred S.A.No.570 of 2025
before the Debts Recovery Tribunal, Visakhapatnam. Along with
the same, he preferred interlocutory application vide I.A.No.3737
of 2025 seeking to stay all further proceedings pursuant to notice
dated 23.09.2025 issued by the Advocate Commissioner.
2. The Tribunal by order dated 29.09.2025 directed the
learned Registrar to send notice through registered post to the
respondent Financial Institution while posting the application to
08.10.2025. The respondents are trying to dispossess the
petitioner as the time stipulated in the notice dated 23.09.2025 is
expiring by 05.10.2025 and since the Debt Recovery Tribunal
posted the matter to 08.10.2025, apprehending that the
2025:APHC:41062
possession of the subject property would be taken away by the
respondents, the present writ petition is filed.
3. Learned counsel for the petitioner relied on order passed
by the Coordinate Bench of this Court in W.P.No.7095 of 2025,
where under this Court directed the parties therein to maintain
status quo with regard to possession of the property.
4. Having regard to the submissions made by the learned
counsel for the petitioner and following the order passed by this
Court in W.P.No.7095 of 2025, the present Writ Petition is
disposed of directing the respondents not to dispossess the
petitioner from residential Flat bearing D.No.36-92-332/5
admeasuring an extent of 800 stf pursuant to notice dated
23.09.2025 issued by the Advocate Commissioner in
Crl.M.P.No.209 of 2025 on the file of Chief Metropolitan
Magistrate, Visakhapatnam, till appropriate orders are passed in
I.A.No.3737 of 2025 in S.A.No.570 of 2025.
5. Accordingly, the Writ Petition is disposed of. No costs.
As a sequel, pending applications, if any, shall stand
closed.
_____________________
JUSTICE T.C.D.SEKHAR
____________________________
JUSTICE CHALLA GUNARANJAN
Dt.03.10.2025
Note: Issue CC by today.
B/o JLV
2025:APHC:41062
THE HON’BLE SRI JUSTICE T.C.D.SEKHAR
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
W.P.No.27155 of 2025
Date: 03.10.2025
JLV
2025:APHC:41062
