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2025 DAILYLAW 18519 (AP)

BOMMIDALA PURNAIAH HOLDINGS PRIVATE LIMITED v. UNION BANK OF INDIA

WP/13297/2025 · 2025-06-15

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AM>^ (Special OriginalJurisdiction) Jn MONDAY, THE SIXTEENTH DAY OF TWO THOUSAND AND TWENTY FIVE^ PRESENT ^ HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13297 OF 2025 Between: 1. Bommidala Purnaiah Holdings Private Limited, Office at D. No. 4-20-24 Ring Road, Guntur. A.P. Represented by its Director Mr. B.V. Raja Srinivas 2. M/s. Bommidala Brothers Limited, Office at P.B. No72, Bommidala House, Mangalagiri, Guntur, A.P. Represented by its Director B.V. Raja Srinivas. 3. Bommidala Venkata Raja SrinivaS, S/o. Late Purniaiah, Resident of D. No. 4-20-24, Ring Road, Guntur. 4. Bommidala Padma Lakshmi, P.B. No72, Mangalagiri, Guntur, A.P. 5. M/s. Chowdary Hotels Private Limited, Adjacent to Womens Polytechnic . College, Gujjanagundia, Guntur, A.P. Represented by its Director B. V. Raja Srinivas Bommidala House, ...PETITIONERS AND 1. Union Bank of India, Main Branch, Kothapeta, Guntur - 522 001 Represented by its Authorized Officer. 2. The Recovery Officer-ll, Debts Recovery Tribunal At Vis^khapatnam, Andhra Pradesh. 3. Thulasi Ramachandra Prabhu, Office at Tulasi Seeds Private Limited 6-4-6, Arundelpet 4/5, Guntur, Andhra Pradesh. ...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 (i) to issue a Writ or direction, more particularly one in the f nature of Writ of Mandamus, declaring action of the respondent bank in trying to. ifsu6 sale certificate to the respondent auction purchaser, where \/yrit!f*etitiGn No. 10608/2025 is pending before this Hon’ble Court, to condubt OBI enquiry on fraudulent auction proceedings and an Appeal is pending before DRAT, Kolkata vide Regular Appeal Dy. No. 287/2025, against the impugned auction proceedings as illegal, arbitrary, unlawful and violation of Article 14, 19, 21 and 300A of Constitution of India, 1956 and (ii) Consequently, to direct the 1®‘ respondent to not to issue the sale certificate to the 3'^'^ respondent, till pending disposal of the appeal before DRAT, Kolkata and Writ Petition No. 10608/2025, court proceedings. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay of all further proceedings including to issue sale certWcate/delivery of subject properties to the 3'"^ respondent; till pending disposal of this writ petition. Counsel for the Petitioner: SRI B. V. KRISHNA REDDY Counsel for the Respondent Nos.1 & 2 : SMT. V. DYUMANI, SC FOR UNION BANK OF INDIA Counsel for the Respondent No.3 : NONE APPEARED The Court made the following: ORDER Bench Sr.No:-8 [3483] HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO; 13297 of 2025 APHC010256882025 IN THE ...Petitioners M/s. Bommidala Purnaiah Holdings Private Limited and others f Vs. ...Respondents Union Bank of India and others ********** Sri B. V. Krishna Reddy Smt V. Dyumani Advocate for Petitioners Advocate for Respondent No.1; CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 16th June 2025 CORAM :THE DATE PC: that has been highlighted in the present writ petition is with Bank of India, respondent No.1 herein, in much below the actual value of the in the auction process, the property a single bidder who has The issue regard to the action of the Union disposing of the secured asset at rates property. Apart from this, it is stated that in have been sold when there was ought not to submitted his bid. Bank states that the property was 30.01.2025, but the and the Sale Certificate has also 2. Learned counsel for the respondent the auction, which was conducted on not only subjected to same was also confirmed on 13.04.2025 2 Stated that the possession also has been been since registered. It is also handed over to the auction purchaser. already before the and which, according to the 13 05.2025, which has now been postponed also find from the record that the petitioners are Recovery Appellate Tribunal, Kolkata petitioners, the date fixed was to the month of July, 2025. 3. We Debts on are already before the reason to invoke inasmuch as the petitioners avail the alternate remedy. We see Be that as it may 4. no D.R.A.T., they can out extraordinary jurisdiction. 5. Accordingly, the Writ Petition is dismissed. No costs. Pending miscellaneous applications, if any //TRUE COPY// shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR sectMofficer To, 1. One CC to Sri B. V. Krishna Reddy, Advocate [OPUC] 2. One CC to Smt. V. Dyumani, Advocate [OPUC] 3. Three C.D. Copies. Cnr HIGH COURT DATED:16/06/2025 ORDER WP.No.13297 of 2025 DISMISSING THE W.P. WITHOUT COSTS