Extracted from the PDF above. The PDF is authoritative.
APHC010278672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14038 OF 2025 Between:
1. Surampudi Veerababu, S/o. S.Musalayya, aged 48 years, Occ. Business, R/o. Dno. 3-55/1, G. Vemavaram Village, Thallarevu Mandal, East Godavari District-533461,
2. Smt. Surampudi Hemalatha,, W/o.S.Veerababu, aged 44years, Occ: House wife, R/o. Dno. 3-55/1, G.Vemavaram Village, Thallarevu Mandal, East Godavari District -533461. ...Petitioners AND
1. Union Bank of India, Rep. by its Authorized Officer/ Chief Manager, Ramaraopeta Branch, Dno. 10-5-1, NageswararaoStreet,Kakinada-
533004.
2. Reserve Bank of India, Rep. by its Authorized Officer, Hyderabad. ...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 of Mandamus or any other appropriate writ, order or
direction (a) Directing the respondent Bank to regularize the loan account of the petitioners as per the order dated
11.03.2025. (b) Stay any proceedings for taking physical possession of the petitioners secured assets under the SARFAESI Act or any other recovery action pending disposal of the petition, (c) Direct the respondent Bank to accept the monthly installments offered by the petitioners towards repayment of the loan as per the court
order. writ 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 Stay of all further proceedings for taking physical petitioners secured assets under the SARFAESI Act or any other recovery action pending disposal of the writ petition. Counsel for the Petitioners: SRI CHINTAPALLI SRINIVAS Counsel for the Respondents: M/S V DYUMANI The Court made the following order: possession of the
Bench Sr.No:-53 [3483] APHC010278672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 14038 of 2025 ...Petitioners Surampudi Veerababu and another Vs. ...Respondents Union Bank of India and another ********** Mr. Chintapalli Srinivas Mrs. V. Dyumani Advocate for Petitioners Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 15th July 2025 PC ; By virtue of our order, dated 11.03.2025, passed in W.P.No.4610 of 2025, filed by the petitioners herein, we had recorded the statement of learned counsel for the respondent Bank, who had stated that, if the petitioners paid an amount of Rs.4,04,000/-, the account of the petitioners would be regularized and further that the petitioners should also pay the regular installments, which the Bank may fix to clear the loan which, on the date of passing of the order, stood at Rs.78.00 Lakhs.
2. The contention of the petitioners is that there was a delay of only two days in the period of ten days that had otherwise been prescribed by this Court in its order, dated 11.03.2025, in W.P.No.4610 of 2025, and that too on account of demise of the 1®* petitioner’s sister and that thereafter when the
2 HCJ & RCJ W.P.No.14038 of 2025 petitioner approached the respondent Bank for depositing the amount of Rs.4,04,000/-, the same has been refused saying that it was paid beyond the permissible limit. In that context, this Court, by virtue of its order, dated 29.05.2025
3. in the present writ petition, directed maintenance of Status quo inasmuch as the respondent Bank was proceeding to take possession of the premises in terms of Rule 8(1) of the Security Interest (Enforcement) Rules, 2002. The petitioners were, however,
directed to pay the pending equated monthly installments. On the matter having placed before us today, we find that the
4. delay of two days in making the deposit of Rs.4,04,000/-, which we had ordered, by virtue of our order, dated 11.03.2025, was sufficiently explained and, therefore, we direct that the amount of Rs.4,04,000/- be deposited by way of electronic transfer in the account of the respondent Bank within a period of two (2) days from today. The Bank shall, accordingly, fix equal monthly installments after regularizing the account of the petitioners in terms of its statement, which was made in the earlier round of litigation with a view to clear the outstanding amount.
5. In case there is any default in the payment of the aforementioned amount as ordered by us or the equal monthly installments as would be fixed by the respondent Bank, it would be open to the respondent Bank to proceed in accordance with law.
w 3 HCJ & RCJ W.P. No. 14038 of 2025
6. This Writ Petition is, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed.
Sd/-P VINODKUWIAR registrar ®<J^nCER ASSISTAN //TRUE COPY// S To. Authorized Officer/ Chief Manager, Union Bank of India, Street, Kakinada-
1. The Ramaraopeta
533004. Branch, Dno.10-5-1, Nageswararao Reserve Bank of India, Hyderabad. 2 The Authorized Officer 3 One CC to Sri. Chintapalli Srinivas Advocate [OPUC] M/s. V Dyumani Advocate [OPUC]
4. OneCCto
5. Three CD Copies GSC
V '1 \ HIGH COURT DATED:15/07/2025 I
ORDER WP NO. 14038 OF 2025 £?
17 JUL 2025 II m to ^ CurrenI Section X' DISPOSING THE WP WITHOUT COSTS