High CourtsDivision Bench(2023) 06 AP CK 0006

Pulivarthi Vijaya Lakshmi & Others vs Debts Recovery Tribunal, Visakhapatnam, Rep By Its Presiding Officer And 2 Others

Andhra Pradesh High Court · Decided on 1 June 2023

HON’BLE JUDGES
B Krishna Mohan, J · Venuthurumalli Gopala Krishna Rao, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 13634 Of 2023

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Judgment

6 paragraphs · 210 words
1.

Heard the learned counsel for the petitioners and the learned counsel for the respondents.

2.

The learned counsel for the petitioners submits that, the I.A.No.648 of 2023 filed in S.A.No.197 of 2023 was dismissed without considering the matter on merits by the Debts Recovery Tribunal vide order, dated 17.04.2023.

3.

The learned counsel for the petitioners submits that subsequently the petitioners paid the dues to the bank for the said loan account and the representation was also given to the 3rd respondent, dated 22.05.2023. But, no action has been taken on the said representation. Now, that the bank is trying to proceed with the subject property in a coercive manner.

4.

In view of the above said facts and circumstances, the Writ Petition is disposed of directing the petitioners to file a fresh I.A, before the Debts Recovery Tribunal in S.A.No.197 of 2023 detailing the payments made so far to the loan account and appropriate relief can be sought in the said I.A before the Debts Recovery Tribunal. On filing of such I.A, the Debt Recovery Tribunal will consider the matter on merits.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.