Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 21189 (AP)

M/s. Paartha Saradhi Cotton Traders v. PANJAB NATIONAL BANK

WP/15190/2025 · 2025-07-28

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I 4 APHC010300152025 IN THE HIGH COURT OF ANDHRA PRADESH- AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTI9E AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15190 OF 2025 Between: 1. M/s. Paartha Saradhi Cotton Traders, Rep by its Proprietor, Yakkala Purnachandra Rao Shop No.6, BhavariSetty Vari Street, Sattenapalli, Guntur District, AP 522 403 2. Yakkala Puma Chandra Rao, S/p. Y. Rama Subbaiah, aged 50 years, Occ.Business R/o. H no. 4-1-51, Near Lakshmi Theatre, Railway Station Road, Sattenpalli, Guntur AP 522 403 3. Mrs. Yakkala Padmavathi, W/o. Yakkala Puma Chandra Rao, aged 48 years Occ. Business, R/o. H no. 4-1-51, Near Lakshmi Theatre, Railway Station Road, Sattenpalli, Guntur AP 522 403 ...PETITIONERS- AND 1. Panjab National Bank, Circle Sastra Centre, 27-33-40, 1st Floor Gudavalli Vari Street, Besant Road Cross Governerpet, Vijayawada 520 002, Rep by its Authorized Officer 2. Srinivasa Reddy Gujjula, S/o. Anjaneyavara Prasad Reddy Gujjala Aged major, R/o. H No. 5-25-76-3-10, Brodepeta, Guntur 522 002, AP t 3. Bommisetty Raghu Vamsi, S/o. B Venkata Srinivasa Babu, aged major Mallavaram Road, Poleramma Temple Pedapalakaluru, Guntur 522 005, AP 4. Kanaka Durga Dasari, S/o. Koti Swamy Dasari Aged major, R/o. H No. 3-70, Pedanandipadu, Guntur 522 235 5. Dasari Kalyan Chakdravarthi, S/o. Kanaka Durga Prasad dasari, aged major R/o. H No. 3-70, Pedanandipadu, Guntur 522 235 6. Nallabolu Bhskara Reddy, S/o. Anki Reddy Nallabolu, aged major R/o. H No. 7/4, Narasingapadu, Nekarikallu Guntur District 522 615, AP 7. Shaik Karishma, Advocate Commissioner, Guntur Bar Association Appointed by the Hon ble Chief Judicial Magistrate-cum- Principal Assistant Sessions Judge, Guntur in CrI MP No. 411 of 2025, dated 06.06.2025 8. Union of India, Rep by its Secretary, Ministry of Finance Sastry Bhavan, New Delhi R/o. H.No.4-29 ...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 impugned Notice dated 16.06.2025 issued by the 7th respondent advocate commissioner informing that, 7 respondent execute the warrant on 20.06.2025 at 12.00 pm by handing the possession of the property, basing on the Order of appointment of advocate commissioner passed by the Chief Judicial Principal Assistant Sessions Judge, Guntur in CrI MP No. 411 of 2025 in connection with petition filed by the 1st respondent bank under Section 14 (1) of SARFAESI Act along with vague affidavit without containing anything mandatory required under Section 14 (1) (i) to (ix) on as mandatory by appointing the 7th respondent as advocate commissioner by directing the petitioners to vacate and handover the possession immediately from the date th over Magistrate-cum- of the receipt of the notice is illegal, arbitrary ad against the principles of natural justice and also violation of law and procedure and Section 14 of SARFAESI Act and beyond the jurisdiction and power limits and also various rulings of the apex court as well as this High Court by setting aside the notice dt 16.06.2025 and consequently direct the respondents not to interfere into the peaceful possession and enjoyment of the petitioners residential vacant house sties in the interest of justice. 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 in respect of the Memo dated 16.06.2025 issued by the Advocate Commissioner i.e 7^^ respondent pending disposal of the main writ petition. Counsel for the Petitioners: SRI PENUBALLI RAMESH BABU(No^ Present) Counsel for the Respondent No.1:SRI PRUDVI RAJU MUDUNURI Counsel for the Respondents: SRAVAN KUMAR MANNAVA Counsel for the Respondent No.8: THE ADDL. SOLICITOR GENERAL OF INDIA The Court made the following order: APHC010300152025 Bench » Sr.No:-102 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 15190 of 2025 M/s. Paartha Saradhi Cotton Traders and others ...Petitioners Vs. Punjab National Bank and others ...Respondents ********** Advocate for Petitioners Advocates for Respondents Mr. Sravan Kumar Mannava & Mr. Prudvi Raju Mudunuri CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 29th July 2025 P C : When the matter came up for hearing today, there is no appearance on behalf of the petitioners. Learned counsel for the respondents states that this matter have been rendered infructuous inasmuch as what was challenged by the petitioners the notice issued by the Advocate Commissioner. It is stated that the possession has since been taken over by the Bank of the secured asset. Be that as it may, this Writ Petition is dismissed for non-prosecution. No was costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Penuballi Ramesh Babu, Advocate [OPUC] 2. One CC to Sri Sravan Kumar Mannava, Advocate [OPUC] 3. One CC to Sri Prudvi Raju Mudunuri, Advocate [OPUC] 4. One CC to the Addl. Solicitor General of India, High Court of A.P. a^ Amaravati[OPUC] 5. Two CD Copies. / HIGH COURT DATED:29/07/2025 ORDER WP No. 15190 OF 2025 DISMISSING THE W.P. FOR NON-PROSECUTION WIHOUT COSTS 'cf St 12 AUG 2025 03