APHC010314592025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) 0^ THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE-' AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 15996 OF 2025 Between: 1. M/S Sunrise City, Represented by its Managing Partner Mr. Bandaru Srinivasa Rao, Having its registered address at D. No. 11-419. 11-418 Krishna Nagar, Old Check Post Center, Kanuru, Bandar Road, Vijayawada - 520 007. 2. M/s. Chandra Arcade, Represented by its proprietor Smt. Bandaru Siva Malleswari W/o. Bandaru Srinivasa Rao, Having its registered address at D. No. 52-2-20, Flat No. 207, Aruna Towers, Loyola College Road, Near Sai Mess, Gunadala, Vijayawada - 520 008. 3. Bandaru Srinivasa Rao, S/o. Bhavana Rushi Bandaru years, R/o. D. No. 52-2-20, Aged about 52 Flat No. 207, Aruna Towers, Loyola College Road, Near Sai Mess, Gunadala, Vijayawada - 520 008. 4. Bandaru Siva Malleswari, W/o. Bandaru Srinivasa Rao aged about 51 Loyola years. Residing at D. No. 52-2-20, Flat No. 207, Aruna Towers College Road, Near Sai Mess, Gunadala, Vijayawada - 520 008. 5. Bandaru Kavita, W/o. Chand, Aged about 50 years, R/o. D. No. 23-39- Station, 49 Lakshmi Nagar, Satyanarayanapuram, Vijayawada - 520 011. Drainage Pumping opp. ...Petitioners % AND tv Equitas Small Finance Bank Limited, Rep by its Authorized Signatory ^:^um LOA holder, Mr. Yaragorla Sambasiva Narayana, S/o. Chandran 4^ged about 40 years, R/o. D.No. 33-21-39/A, 1st Floor, Near Chuttugunta Signal, Above Duroflex Showroom, Vijayawada - 520 004. 2. Equitas Small Finance Bank Limited, 4th Floor, Phase-ll, Spencer Plaza, No. 769, Mount Road, Anna Salai, Chennai, Tamil Nadu - 600 002. 3. The Debt Recovery Tribunal, Visakhapatnam ...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(s), more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent financial institution in selling the secured asset and issuing the Sale Certificate without recording the stock/inventory lying in the secured asset while taking its possession as illegal, violative of the provisions of SARFAESI Act and the Security interest (Enforcement) Rules, and consequently set aside the Sale Certificate dt. 23.04.2025 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 Respondent Bank not to handover possession of the property to the auction purchaser until S.A. No. 630 of 2024 is disposed of, pending disposal of the above writ petition. lA NO: 2 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 appoint an Advocate Commissioner to record the inventory/stock in T ' 4 accordance with the rules by following due Writ Petition. Counsel for the Petitioners: M/S SHEIKH Counsel for the Respondents: - The Court made the following order: process, pending disposal of the NEHA HASSAN V f APHC010314592025 Bench Sr.No:-4 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI f WRIT PETITION NO: 15996 of 2025 ...Petitioners M/s. Sunrise City and others Vs. ...Respondents Equitas Small Finance Bank Limited and others ********** Ms. Sheikh Neha Hassan Advocate for Petitioners Advocate for Respondents CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 3rd July 2025 P C : The grievance of the petitioners is that even when the property has been sold in an auction by the respondent Bank by invoking the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act), the Authorized Officer of the respondent Bank has not prepared an inventory of the movable properties lying within the premises of the secured asset. It is stated that a statutory obligation has been cast upon the Authorized Officer of the respondent Bank to prepare such an inventory in terms of Rule 4 of the Security Interest (Enforcement) Rules, 2002. It is also stated that an application in this regard has been filed by the petitioners before the Debts 2. % 2 which no orders have been Recovery Tribunal, Visakhapatnam (D.R.T.) on passed. 3. We dispose of this Writ Petition with a direction to the D.R.T. to pass appropriate orders within one week from today and till such time as the inventory is directed to be prepared by the D.R.T. in terms of Rule 4 of 2002 Rules, the possession shall not be handed over to the auction purchaser. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAF! assistant registrar //TRUE COPY// ■ftSroFFlCER SEC To, LOA holder, Mr. Yaragorla Sambasiva 1 The Authorized Signatory cum Chandran Aged about 40 years, R/o. D.No. 33-21- Chuttugunta Signal, Equitas Small Finance Bank , Vijayawada - 520 004. Narayana, S/o. 39/A, 1st Floor, Near Limited, Above Duroflex Showroom small Finance Bank Limited, 4th Floor, Phase-ll, Spencer , Mount Road, Anna Salai, Chennai, Tamil Nadu - 600 2. Equitas Plaza, No. 769 002. Debt Recovery Tribunal, Visakhapatnam Sheikh Neha Hassan Advocate [OPUC] 3. The 4. One CC to M/s 5. Three CD Copies GSC V r «l ■ HIGH COURT DATED;03/07/2025 ORDER WP NO. 15996 OF 2025 disposing the WP WITHOUT COSTS