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Judgment
Heard Sri Ghanta Rama Rao, learned Senior Counsel appearing for Sri Ghanta Sridhar, learned counsel for the petitioners.
Having gone through the contents of the affidavit and documents filed in the writ petition, it transpires that the writ petitioners approached the Debt Recovery Tribunal, Visakhapatnam by filing S.A.No.169 of 2022 in the month of April,2022. A notice was issued to the 2nd respondent-financial institution and the matter underwent several adjournments to enable the said respondent to file its response. It also transpires from the record that an application seeking interim direction was pending before the DRT. The 2nd respondent-financial institution has approached the learned Chief Metropolitan Magistrate, Vijayawada on or about 29-05-2022 by filing Crl.M.P.No.3252 of 2022 in C.F.No.4018 of 2022 and secured an order appointing an Advocate Commissioner for taking over possession of Item Nos.1 and 2 of the schedule properties. It also transpires from the record that the Advocate Commissioner has issued a notice on 23-09-2022 indicating that he would execute the warrant on 07-10-2022 at 10.30 A.M.
Due to the impending threat of dispossession and also having been aggrieved of the notice issued by the Advocate Commissioner, the writ petitioners have approached this court.
Sri Ghanta Rama Rao, learned Senior Counsel, submitted that the next date of hearing before the DRT was advanced at the request of the writ petitioners and the matter is now being taken up on 10-10-2022.
Under these circumstances, this court deems it appropriate to dispose of the writ petition, at the stage of admission, with the following directions:-
The Debt Recovery Tribunal, Visakhapatnam is directed to consider and dispose of I.A.No.449 of 2022 in S.A.No.169 of 2022 expeditiously on merits, in any event within four(4) weeks from today.
Till such time, there shall be an ad interim ex parte stay of dispossession of the writ petitioner from the subject property.
No order as to costs.
Miscellaneous Petitions pending, if any, shall stand closed in consequence.