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2025 DAILYLAW 26232 (AP)

MAREEDU MANI v. THE BRANCH MANAGER

WP/19755/2025 · 2025-07-30

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010370432025 IN THE HIGH COURT OF AT AMARAVATI (Special Original Jurisdiction) day of JULY TWO THOUSAND AND TWENTY present SINGH THAKUR, THE CHIEF ANDHRA PRADESHT FIVE HON’BLE SRI JUSTICE DHIRAJ JUSTIC^ AND HON BLE SRI JUSTICE R RAGHUNANDAN WRIT petition NO: I9755 df RAO 2025 . Between: T Smt. Mareedu Mani, Ravikampadu Village, District - 534451. 2. Sri Mareedu Jayaraju,, Village, KamavarapukotaMandal W/o. Sri Mareedu Jayaraju Kamavarapukota Mandal, R/o D.No. 1-79, West Godavari S/o. Subbarao, R/o D.No. 'I-79, Ravikampadu West Godavari District - 534451. —Petitioners AND 1- The Branch Manager, Aptus Branch, D.No. Value Housing Finance India Street, Ltd., Eluru Near Vighneswara - 534002. India Ltd.. 20E-4-44, Sabbulavari Swamy Temple, Kotthapeta 2. The Authorized Officer, ’ West Godavari District Aptus Value Housing Finance Corporate Office, Chennai. 3. The Chief General Manager, Consumer Education ■ of India, Central Office Building Mumbai-400 001. and Protection . Shahid Department, Reserve Bank Bhagat Singh Road, Fort, —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 Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring that the action of the respondent bank authorities in not considering the petitioner's representation dated 30.05.2025 seeking One-Time Settlement (OTS) of Loan Account No. AELURU0083420, as illegal and arbitrary and against to the principle of Natural justice and also contrary guide lines of the Reserve Bank of India and consequently to direct the respondent authorities to considering the petitioners representation dated 30.05.2025 seeking One-Time Settlement (OTS) of Loan Account AELURU0083420 and Consequentially, to direct the 3rd Respondents ensure that the Petitioners are protected in accordance with its regulatory framework and guidelines on settlement of distressed loan accounts, and to issue such instructions or advisories as may be necessary to secure the Petitioners' rights No. to under the One-Time Settlement mechanism. Consequentially direct the Respondents not to take any coercive steps under the SARFAESI Act, 2002, including proceedings under Section 14, in respect of the subject loan account, pending such consideration.^ 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 authorities to considering the petitioners representation dated 30.05.2025 seeking One-Time Settlement (OTS) of Loan Account NO.AELURU0083420. ^ 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 direct the 3rd Respondents to ensure that the Petitioners are protected in accordance with its regulatory framework and guidelines on settlement of distressed loan accounts, and to issue such instructions or advisories as may ' be necessary to secure the Petitioners' rights under the One-Time Settlement mechanism. lA NO: 3 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 respondents not to take any coercive steps under the SARFAESI , in respect of the subject Act, 2002, including proceedings under Section 14 loan account, pending such consideration. Counsel for the Petitioners: SRI SRINIVAS MANCHANAPALLI Counsel for the Respondents: - The Court made the following order: . APHC010370432025 Bench Sr.No:-13 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 19755 of 2025 Smt. Mareedu Mani and another ...Petitioners Vs. The Branch Manager, Aptus Value Housing Finance India Ltd., and Others ...Respondents ********** Advocate for Petitioners Mr. M. Chandra Shekar representing Mr. Srinivas Manchanapalli Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO ; 31®* July, 2025 DATE PC : The petitioners seek a direction to the respondents to consider their OTS offer. Learned counsel for the petitioners has failed to point out any statutory obligation on the part of the respondents to consider the proposal. However, it will be open to the petitioners to approach the respondents, if so advised, which may be considered in accordance with the rules. The Writ Petition is accordingly disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// w % SECTION OFFICER To, 1. The Branch Manager, Aptus Value Housing Finance India Ltd., Eluru Branch, D.No. 20E-4-44, Sabbulavari Street, Near Vighneswara Sw^y Temple, Kotthapeta, Eluru, West Godavari District - 534002. 2. The Authorized Officer, Aptus Value Housing Finance India Ltd./- Corporate Office, Chennai. 3. The Chief General Manager, Consumer Education and Protection Department, Reserve Bank of India, Central Office Building, Shahi^ Bhagat Singh Road, Fort, Mumbai - 400 001. 4. One CC to Sri. Srinivas Manchanapalli Advocate [OPUC] 5. Two CD Copies gsc HIGH COURT DATED:31/07/2025 ORDER WP NO. 19755 OF 2025 I 2 m 2025^ «o? > DISPOSING THE WP WITHOUT COSTS