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2025 DAILYLAW 12137 (AP)

M/s. Sai Lakshmi Traders, v. The Chief Manager and the Authorized Officer,

WP/7232/2025 · 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) / THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BEE SRI JUSTICE R RAGHUNANDAN RAOV WRIT PETITION NO: 7232 OF 2025 Between: 1. M/s. Sai Lakshmi Traders, Rep by its Managing Partner, Tanniru Srihari S/o. Ankammarao, Aged 45 years, R/o. Door No. 5-37, Teachers Colony, G S C Road, Kasukarru, Ponnur, Ponnur Mandal, Guntur District 2. Tanniru Srihari, S/o. Ankammarao, Managing Partner of M/s. Sai Lakshmi Traders, R/o. Flat No. 206, Shiva Green Vali, Gorantia, Guntur, Guntur District 3. Tanniru Heftialatha, W/o. Tanniru Srihari, Aged 35 Years, R/o. 1-48, Vellalur, Ponnur Mandal Guntur District ...Writ Petitioners AND 1. The Chief Manager and the Authorized Officer, Bank of Baroda,Lakshmipuram Branch, Guntur, Guntur District 2. The Branch Manager, Bank of Baroda, Amarav^f Road Branch, Guntur, Guntur District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the Sale Notice for sale of Immovable properties of the petitioners by e Auction Sale schedule on 20.3.2025 ,. without Issuing the notice to the petitioners is illegal, arbitrary, violation of principles of natural justice and against to the Act SARFAESI Act and Rules 2002 and for aside the sale notice issued by the 1st respondent. lA NO: 1 OF 202*; and Rules framed under a consequential direction to set Petition under Section 151'^CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to slay of all further proceedings in pursuance of the Sale Notice for sale of immovable properties issued by the 1st 1.3.2025. respondent herein dated Counsel for the Petitioners: SRI. A SREEDHAR ^ Counsel for the Respondent No. 1: SRI RAMA KRISHNA A The Court made the following Order: APHC010142372025 Bench Sr.No:-21 [3446] IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI 0?: WRIT PETITION NO: 7232 of 2025 M/s. Sai Lakshmi Traders and others ...Petitioners Vs. The Chief Manager & the Authorized Officer and another ...Respondents ********** Advocate for Petitioners : Mr. A. Sreedhar Advocate for Respondents ; Mrs. Sanam Padmaja, Standing Counsel CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 20th March 2025 P C : In view of the fact that there is an efficacious alternate remedy available to the petitioners in terms of Section 17 of the SARFAESI Act, 2002, and considering the ratio of the judgment rendered by the Apex Court in the case of United Bank of India Vs. Satyawati Tondon\ we are not inclined to exercise our extraordinary writ jurisdiction under Article 226 of the Constitution of India. This writ petition is, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications, if any, are dosed. ^ (2010) 8 see 110 Sd/- M. PRABHAKAR RAO ASSISTANT R^ISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Chief Manager and the Authorized Officer, Bank o^Baroda Lakshmipuram Branch, Guntur, Guntur District. / 2. The Branch Manager, Bank of Baroda, Amar^ti Road Branch Guntur District , Guntur, 3. One CC to Sri. A Sreedhar Advocate [OPUC] 4. One CC to Sri. Rama Krishna A Advocate [OPUC] 5. One CC to Mrs. Snanam Padmaja, Standing Counsel [OPUC] 6. Three CD Copies GSC HIGH COURT DATED:20/03/2025 ORDER WP.No.7232 of 2025 X 21 MAR 2025 |1 . Current aeuuon s )» DISPOSING OF THE WP WITHOUT COSTS