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m ^4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7577 OF 2025 Between; Shiva Sea Foods, Rep by its Proprietor, Bonda Siva Sekhar, S/o. Rambabu Aged about 38 years, R/o. D.No.2-185, G.Vemavaram Village, B.R.Ambedkar Konaseema District, Andhra Pradesh. ...PETITIONER AND
1. The Union of India, Ministry of Finance, Department of Financial Services, Rep by its Secretary, Floor, Jeevan Deep Building, Sansad Marg, New Delhi-110001. 2. The Rese^e Bank of India, Rep by its COM and Secretary, 16“^ Floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai- 400001.’
3. ICICI Bank Limited, Sarpavaram Branch, Ground Floor Kamala complex, Sarapavaram, Kakinada, A.P- 533005, Rep by its Branch Manager. 4. The Authorised Officer, ICICI Bank Limited, ICICI Bank Tower, Regional Office, Plot No. 12, Gachibowli, Hyderabad, Telangana- 500032. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of 3 may one rd th and 4 Respondents in not considering the One-Time Settlement (OTS) proposal made by the Petitioner dated 04.02.2025 with respect to A/c N® T77705555679 as being illegal, arbitrary and in violation of Articles 14,
ww 21 and 300-A of the Constitution of India issued by the 2nd Respondent vide RBI/2005-06/153 BC.No.39 / 06.02.31/ 2005-06 dated 03.09.2005 and 4'^ Respondents to consider the Settlement submitted by No.777705555679/ and contrary to the Circular RPCD.PLNFS. and consequently direct proposal for One Time the Petitioner pertaining to the A/c the 3 lA NO: 1 OF 209!^ Petiff^n under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court and 4 not to take any may be pleased to direct the Respondent Nos.3 coercive steps against the Petitioner herein, more particularly in the nature of invocation of proceedings as under SARFAESI Act, 2002 A/c No.777705555679, pending disposal of the above m respect of Writ Petition.
Counsel for the Petitioner: SRI AJAYKUMAR KANAPARTHI FOR SRI KALAKOTI SUNIL KUMAR SRrp^PONNA PAO SRIDHAR tummalapudi for SRI P. PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 to 4 : NONE APPEARED The Court made the following; ORDER
APHC010140282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-7 {3483] \ WRIT PETITION NO: 7577 of 2025 M/s. Shiva Sea Foods -.Petitioner Vs. The Union of India and others ...Respondents ********** Advocate for Petitioner Sri Ajay Kumar Kanaparthi,
learned counsel representing Sri Kalakoti Sunil Kumar. Sri Sridhar Tummalapudi,
learned counsel representing Sri Pasala Ponna Rao, learned Deputy Solicitor General for respondent No.1. Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 25th March 2025 DATE PC : The petitioner claims that there is a proposal for ‘One Time Settlement made by the petitioner to the respondent Bank 04.02.2025, which the respondent Bank vide representation dated has not considered and which otherwise is required to be considered in accordance with the Reserve Bank of India (R.B.I.) Guidelines in that regard.
2. We dispose of this petition with liberty to the respondent Bank to consider the representation dated 04.02.2025 appropriate orders thereof. No order as to costs. of the petitioner and pass
2 Pending miscellaneous applications, if any, shall stand closed.
Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// 1 N OFFICER S To 1 The Secretary Union of India, Ministry of Finance, Department of Firiandal Services, Floor, Jeevan Deep Building, Sansad Marg, New Delhi-110001.
2. The CGM and Secretary, Reserve Bank of India 16|^ innooi^^^^'^^' Office Building, Shahid Bhagat Singh Marg, Mumbai- 400001.
3. The Branch Manager, ICICI Bank L'n^ited, Sarpavaram Bran^ Ground Floor, Kamala complex, Sarapavaram, Kakinada, A.P- 53300b.
4. The Authorised Officer, ICICI Bank Limited ICICJ Bank ToweL Office, Plot No. 12, Gachibowli, Hyderabad, Telangana-
500032.
5. OneCCto
6. One CC to Sri P. Ponna
7. Three C.D. Copies. Sri Kalakoti Sunil Kumar, Advocate [OPUC] Rao, Deputy Solicitor General of India [OPUC] Cnr
HIGH COURT DATED:25/03/2025
ORDER WP.No.7577 of 2025 = 0 3 APK 2075 f] ^ . currsni ti«ction ^ ^Ss^SPATCH^U*'^ DISPOSING OF THE W.P.
WITHOUT COSTS