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2025 DAILYLAW 12239 (AP)

M/s Satyavathi Polymers, v. State Bank of India,

WP/7717/2025 · 2025-06-16

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR ^ AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7717 OF 2025 Between: 1. M/s. Satyavathi Polymers, Plot No.73, SR No.62, Block-B05, New Auto Nagar, Kanur Village, Penamaluru Mandal, Vijayawada, Krishna District-520007, Rep. by its Managing Partner, Smt. Jaggavarapu Satyavathi, Residing at Plot. No. 73, SR. No. 62, Block- BOS, New Auto Nagar, Kanuru Village, Penamaluru Mandal, Vijayawada, Krishna District - 520007. 2. Smt. Pasari Jayashree, W/o. Madan Singh, aged 65 years R/o. D.No. 17-253, Kothapet, Nuzvid, Krishna District-521201 ...PETITIONERS AND 1. State Bank of India, Stressed Assets Recovery Branch, Administrative Office Campus, Balaji Nagar, Siripuram Junction, Visakhapatnam- 530003, Represented by its Authorized Officer, 2. The Hon'ble Debts Recovery Tribunal, Rep by its Registrar, Vishakhapatnam. ...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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent bank in attempting to take physical possession of the residential building property of the petitioner by executing the warrant of advocate f commissioner pending the disposal of the stay application vide lA No. 1026 of 2025 in S.A. No. 21 of 2022 as arbitrary, unjust, contrary to the provisions of the Securitization and Reconstruction Of Financial Assets And Enforcement of Security Interest Act, 2002 and Rules made thereunder, besides being violate of Petitioner's Rights guaranteed under Article 14, 21 and 300-A, of the Constitution of India and consequently direct the Advocate Commissioner and Respondent Bank to not take any precipitative and coercive steps in pursuant to the warrant pending the disposal of the stay application before the 2 nd respondent i.e.. The Debt Recovery Tribunal Visakhapatnam. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Advocate Commissioner and Respondent Bank not to take any precipitative steps pursuant to the warrant. Counsel for the Petitioners : M/s. CKR ASSOCIATES Counsel for the Respondent No.1 : SRI S. SATYANARAYANA MOORTHY, SC FOR SBI Counsel for the Respondent No.2 : NONE APPEARED The Court made the following: ORDER APHC010143912025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-36 AT AMARAVATI [3483] WRIT PETITION NO: 7717 of 2025 1 M/s Satyavathi Polymers and another ...Petitioners Vs. State Bank of India and others ...Respondents ********** Advocate for Petitioners; Mr. Goli GVS Sai for CKR Associates Advocate for Respondents: Mr. S Satyanarayana Moorthy for R.1 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 17th June 2025 PC : Learned counsel for the petitioners seeks to withdraw the writ petition. The Writ Petition is accordingly dismissed as withdrawn. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, 1. One CC to M/s. CKR Associates, Advocate [OPUC] 2. One CC to Sri S Satyanarayana Moorthy, SC for SBI [OPUC] 3. Three C.D. Copies. Cnr HIGH COURT DATED:17/06/2025 ORDER andw^ WP.No.7717 of 2025 (5 0 2 JUL 2825 ml Co DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS