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2026 DIGILAW 166 (AP)

MS Constructions, Represented By Its Managing Partner Mahaboob Subhani Khan, S/O Ismail Khan v. Union Bank Of India, Represented By Its Authorized Officer Under The Sarfaesi Act

2026-02-16

BALAJI MEDAMALLI, RAVI NATH TILHARI

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ORDER : Ravi Nath Tilhari, J. 1. Heard Sri K. Sarvbhouma Rao, learned counsel for the petitioners, and Smt. V.Dyumani, learned Standing Counsel for respondents/Bank, appearing through virtual mode. 2. In view of the urgency, a mention was made by way of Lunch Motion by the learned counsel for the petitioners and the same was permitted. Accordingly, the matter is taken up. 3. With the consent of both parties’ counsels, the matter is being disposed of at the stage of admission itself. 4. The petitioners have filed S.A. No.202 of 2025 before the Debt Recovery Tribunal at Visakhapatnam (for short, “the Tribunal”), challenging the auction notice issued for realization of the Bank’s dues. During the pendency of the S.A., the petitioners and the respondents/Bank entered in a One Time Settlement (for short, “OTS”) and taking note of the said development, the learned Presiding Officer of the Tribunal, by order dated 17.10.2025, granted interim relief staying all further proceedings for recovery pursuant to coercive measure till 14.11.2025. The interim order was extended from time to time up to 02.01.2026, granting time to the respondent/Bank to file counters in the two applications filed by the petitioners. Learned counsel for the petitioners submits that on 02.01.2026, the respondent/Bank filed a memo before the Tribunal stating that the OTS amount was confirmed at Rs.3.85 crores, to be paid by the petitioners within three months in a scheduled manner, and that the terms were accepted by both sides. The respondent/Bank sought time for execution of the delivery warrant till 15.02.2026. Considering the memo, the Tribunal extended the stay order up to 08.01.2026 and directed the Bank to file counters in both applications by that date. As the counters were not filed by 08.01.2026, the matter was adjourned to 13.01.2026, on which date the counters were filed, and the Bank stated that the Advocate-Commissioner had returned the delivery warrant and that no fresh warrant would be issued. Consequently, learned counsel submits that the interim order was not extended by the learned Tribunal. 5. Learned counsel for the petitioners next submits further that the matter is now posted for further arguments on 10.03.2026, but in the meantime, the Advocate-Commissioner issued notice dated 09.02.2026 to the petitioners proposing to execute the delivery warrant on 17.02.2026 at 10:30 a.m. in respect of the schedule property. 5. Learned counsel for the petitioners next submits further that the matter is now posted for further arguments on 10.03.2026, but in the meantime, the Advocate-Commissioner issued notice dated 09.02.2026 to the petitioners proposing to execute the delivery warrant on 17.02.2026 at 10:30 a.m. in respect of the schedule property. He submits that the matter is still pending before the Tribunal and the learned Presiding Officer is on leave up to 23.02.2026, and therefore, the petitioners are unable to approach the Tribunal for grant or extension of the interim relief. 6. Smt. V. Dyumani, learned Standing Counsel for the respondents /Bank, submits that the petitioners have not paid any amount under the OTS as per the installments fixed there under and as on today two installments amounting to Rs.1,67,50,000/- have become due. She further submits that the last instalment and the total payment is to be made by 28.02.2026. 7. Learned counsel for the petitioners submits that due to certain unavoidable circumstances, the payment could not be made s per the OTS schedule, but the petitioners are ready to pay the amount as due under the two installments, i.e., Rs.1,67,50,000/- , within one (01) week from today, without prejudice to the remaining terms of the OTS, wherein the final payment is to be made on or before 28.02.2026. 8. Learned Standing Counsel for the respondents/Bank submits that she has no objection if the aforesaid amount is paid by the petitioners within the aforesaid period, but in the event of failure to make the payment within the stipulated time, the Advocate-Commissioner to proceed further pursuant to the delivery warrant. 9. Considering that the learned Presiding Officer of the Tribunal is presently on leave, as also the consent of the learned counsels on either side, as aforesaid, we deem it appropriate to provide that the delivery warrant shall remain in abeyance, subject to the following conditions : a) The petitioners shall deposit/pay a sum of Rs.1,67,50,000/- (Rupees One Crore Sixty Seven Lakhs Fifty Thousand only) with the respondent/Bank within a period of one week from today, i.e., on or before 23.02.2026. b) In default of such payment within the stipulated time as aforesaid, the same delivery warrant shall be proceeded with and the Advocate- Commissioner shall execute the same in accordance with law. 10. b) In default of such payment within the stipulated time as aforesaid, the same delivery warrant shall be proceeded with and the Advocate- Commissioner shall execute the same in accordance with law. 10. It is clarified that this order is without prejudice to the terms of the OTS for final payment is to be made on or before 28.02.2026. 11. With the aforesaid observations and directions, the Writ Petition is disposed of finally. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.