M/s.Sai Venkata Amrutha Marketings, v. CANARA BANK
WP/20946/2025 · 2025-08-06
Dhiraj Singh Thakur, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28633 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28633 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010408622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY. THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR/ AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 20946 OF 2025 Between:
1. M/s.Sai Venkata Amrutha Marketings, Rep. by its Managing Partner. Koppireddy Veera Raghava- Venkata Ganesha Brahmananda Rama Krishna, B-2, Visakhpatnam. 2. Koppireddy Veera Raghava Venkata Ganesha Brahmananda- Ramakrishna, S/o. K.Brahmaji Rao, D.No.50 1 23, KSR Complex D Block, Flat 301, Seethammadhara, Visakhapatnam, Andhra Pradesh. 3rd Floor, Varanasi Magestics, Dwaraka Nagar, ...Petitioners. AND
1. Canara Bank, Rep. by its Authorized Officer, Kakinada Nagamallithota Branch (2765), 67-15-30, I Floor, Paradise-1, Nagamallithota Junction, Pitampura Road, Kakinada District. 2. The Chief Manager, Canara Bank, Kakinada Nagamallithota Branch (2765), #67-15-30, I Floor, Paradise-1, Nagamallithota Junction, Pitampura Road Kakinada District. ...Respondents
0 A Petition under Article 226^f 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 a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.1 and 2 in issuing sale notice dated 05.07.2025 Ref. No.04/6940/ROK/Auction-2765/2025 without considering my representation dated 04.06.2025 for settlement, passing of the rejection communication dated 10.07.2025 as illegal, irregular, arbitrary and violation of the provisions of the Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2002 and Rules framed there under and also offends in Articles 14, 21 and 300-A of Constitution of India, and consequentially quash proceedings initiated under Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the petitioners including sale notice dated 05.07.2025 No.04/6940/ROK/Auction-2765/2025 issued by the bank authorities. the Ref. in 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 all further proceedings including e-auction of the mortgaged properties pursuant to the auction notice dated 05.07.2025 No.04/6940/ROK/Auction-2765/2025 against the petitioners account bearing account Nos.2765261001053 and 170004309997 pending disposal of the main writ petitions. Ref.
in Counsel for the Petitioners: SRI MANGENA SREE RAMA RAO Counsel for the Respondents: SRI T B L MURTHY The Court made the following order:
Bench Sr.No:-20 [34461 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010408622025 P WRIT PETITION NO; 20946 of 2025 ...Petitioners M/s.Sai Venkata Amrutha Marketings and others Vs. ...Respondents Canara Bank and others ********** Mr. Mangena Sree Rama Rao Advocate for Petitioners; Mr. T. B. L. Murthy Advocate for Respondents;
CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDANRAO : y**’ August, 2025. DATE P C : The petitioner claims that, till such time as his offer for One Time Settlement (OTS) is considered by the Bank, proceedings initiated under the SARFAESI Act be stalled. We do not accept the proposition that there is any indefeasible right vested in the petitioner to seek stay of the proceedings pending the
consideration of One Time Settlement, especially after the account of the petitioner had been declared as an NPA.
2. In any case it shall be open to the petitioner to approach the Bank and if they so wish, the request for OTS can be considered. However, this should
3.
2 HCJ & RRRJ ^ WP_20946_2025 not be taken as a Mandamus from the Court and it shall be open to the Bank to take appropriate call on its own. s
4. This writ petition is. accordingly, dismissed. No order as to costs. Pending miscellaneous applications, if any, in this petition shall stand closed.
Sd/- M.RAMESH BABl) DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To
1. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] One CC to Sri T B L Murthy, Advocate [OPUC] Two CD Copies
2.
3. TF
*4 HIGH COURT DATED:07/08/2025
ORDER WP NO. 20946 OF 2025 DISMISSING THE W.P., WITHOUT COSTS