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2025 DAILYLAW 11979 (AP)

M/s. Sai Agri Corporation, v. Union of India,

WP/7115/2025 · 2025-03-20

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) v / Q 'm'jA THURSDAY, THE TWENTIETH DAY OF MARCH ' TWO THOUSAND AND TWENTY FIVE >! PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 7115 OF 2025 Between: M/s. Sai Agri Corporation, Office at 22-61, GPR Complex, Beside Vidyuth Kalabarathi, Gooty Road, Anantapuram, Rep. by its Managing Partner Pemmaka Ramdas Reddy, S/o. P. Laxmi Reddy, Aged 83 Years, Occ: Business, Residing at D.No. 12-586, P. Kondapuram Village, Pamidi Mandal, Anantapuramu District. . ...Petitioner - AND 1. Union of India, Rep. by its Principal Secretary, Finance Department, New Delhi. 2. M/s. The KarurVysya Bank Ltd., Rep. by its Branch Manager, D.No.11- 181, Meda Ramayya Mansion, Subash Road, Anantapuram, - Anantapuram District. 3. M/s. The Karur Visya Bank Limited, Rep. by its Authorized Officer Asset Recovery Branch, 5-8-356 to 362, III Floor, Chirag Ali Lane, Abids, Hyderabad-500001. 4. The Commissioner and Director of Agriculture, Old Mirchi Yard, Nallapadu Road, Chuttagunta, Guntur, Guntur District. ...Respondents 5^ Petition under Article the circumstances stated i be pleased to issue an in ,h « Constitution of India praying that in the High Court may appropriate Writ, Order or Direotion same. consequently set aside the psrticularly one i the 3rd more of jA NO: 1 OF Petition under Section stated in the affidavit filed i pleased to 151 CPC praying that In the cicircumstances may be 04.02.2025 respondent, in support of the petition the High Court of the fresh notice dated of the SARFAESI Act suspend the operation issued under Section 13(2) pending disposal of the above by the 3rd writ petition. Counsel for the Petitioner- Counsel for the Respondent Counsel for the Respondent SOLICITOR GENERAL The Court made the SRI. SESHADRI GOALLA No. 4: GP FOR AGRICULTURE No.1; SRI PASALA PONNA RAO, DEPUTY OF INDIA following order: APHC010140022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-17 [3446] WRIT PETITION NO: 7115 of 2025 M/s. Sai Agri Corporation ...Petitioner Vs. Union of India and others ...Respondents ********** Advocate for Petitioner Advocate for Respondents Mr. Seshadri Goalla GP for Agriculture CORAM :THE CHIEF JUSTICE DHIRAJ SRI JUSTICE R RAGHUNANDAN : 20th March 2025 SINGH THAKUR RAO DATE PC : Learned counsel for the 04.02.2025, issued under Section on the ground that issued by the Bank had since been challenged by the petitioner in S.A.No.102 Of 2022. It IS stated that unless and until the Section 13(2) was withdrawn not have been issued at all. petitioner challenges the notice. 13(2) of the SARFAESI Act, 2002 dated primarily the auction notice an earlier Section 13(2) notice and previous notice issued under the second notice under Section 13(2) would 2. On a perusal of the whenever a notice under Section IS entitled to submit objections scheme of the Act, 2002, 13(2) is issued, a borrower or the to the same, which shows that. guarantor are required to be 2 HCJ & RRRJ W.P.No.7115 of 2025 considered by the Bank or Financial Institution under Section 13(3A) of the Act, 2002. In the present case, the petitioner has not admittedly filed objections and has rushed this Court to file present petition. It would be too presumptuous on the part of learned counsel for the petitioner to believe that the objections if at all filed would not be considered in its correct perspective and a speaking order would not be passed. 3. Be that as it may, we dispose of this writ petition by giving liberty to the petitioner to file its objections to the Section 13(2) notice, which has been issued, which should be considered by the Bank in its correct perspective and a reasoned order passed. No costs. 4. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// OFFICER S To, 1. The Principal Secretary, Union of India, Finance Department, New Delhi. 2. The Branch Miinager, KarurVysya Bank Ltd., D.No.11-181, Meda.^' Ramayya Mansion, Subash Road, Anantapuram, Anantapuram Di^rict. 3. The Authorized Officer, Karur Visya Bank Limited, Asset Recovery Branch, 5-8-356 to 362, III Floor, Chirag All Lane, Abids, Hyderabad- 500001. 4. The ComrriTssioner and Director of Agriculture, Old Mirchi Yard, Nallapadu Road, Chuttagunta, Guntur, Guntur District. 5. One CC to Sri. Seshadri Goajla Advocate [OPUC] 6. One CC to Sri. Pasala Ponna Rao, Deputy Solicitor General of India [OPUC] Two CCs to GP for Finance Planning, ^igh Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC HIGH COURT DATED:20/03/2025 ORDER WP.No.7115 of 2025 5 2 9 MAR 20?5 XD % CO ^ . Current section . ^ DISPOSING OF THE WP WITHOUT COSTS