APHC010410002025 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 HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 20923 OF 2025 Between: Potharaju Srilakshmi, W/o: Potharaju Srinivasa Rao, aged 45, R/o; D.No.17- 15-1, Sri Krishna Nilayam, District. A.S.R Stadium road, Eluru West Godavari ...PETITIONER AND 1. The Kotak Mahindra Bank Limited, Rep. by its Authorized Officer, Office: 27, BKC, C-27 Mumbai. Regd. Bandra (East), G-Block, Bandra, Kurla Complex 2. The Authorised officer, Kotak Mahindra Bank 3-1109/1,2"'^ floor, Navabharat chambers, Raj bhavan Hyderabad. 3. The Authorised officer, Kotak Mahindra Bank, Regionai office. Near BSNL Bhavan, above KFC Machavaram, Vijayawada, Andhra Pradesh. Legal Department, D.No.6- road, Somajiguda, 4. The Debt Recovery Tribunal, Rep. by its Registrar Chitralaya Road Near Leelamahal Road, Junction, Visakhapatnam, Andhra Pradesh -530 020. 5. The Collector & District Magistrate, Eluru District, Eluru. 6. The Tahsildar, Eluru Urban Mandal, Eluru District. D.No.31-32-54, Daba Gardens, Jagadamba ...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, declaring the action of 4‘' Respondent in not deciding the I.A.No.2980 of 2025 and I.A. No. 0408250057903 (reference Number) in S.A.No.443 of 2025 which was filed challenging the action of the Respondent Bank in issuing i. the pre sale notice dated 24-7-2025 ii. order dated 13-4-2025 passed under Sec 14 of the Act by 5*"^ respondent as void ab initio ii. possession notice dt. 12-12-2024 u/s 13(4) of SARFAESI Act iii. Demand notice dt. 2-09-2024 u/s 13(2) of SARFAESI Act iv.pre-possession notice dated 11-11-2024 iv. classification of N.P.A of petitioner's account contrary to law, arbitrary, against principles of natural justice and opposed public policy and violative of Articles 14,300-A of Constitution of India consequently direct the 1®* and 2 Respondent Bank not to take physical possession of the petitioner's property namely building admeasuring extent of 844 sq. yds. situated at D.No.23A-6-66, in T.S No.385, W.P ward Ramachandraraopeta, within the limits of Eluru Municipal Corporation Mandal, Eluru District until disposal of I.A.No.2980 of 0408250057903 (reference Number) in S.A.No.443 of 2025 before the Debts Recovery Tribunal, Visakhapatnam 1st as to , and to an Eluru 2025 and I.A. No. lA NO: 1 OF 2n2fi 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 1st Respondent Bank not to take physical Possession of Schedule property namely building admeasuring an extent of 844 sq. yds. situated at D.N0.23A-6-66, in T.S No.385, W.P ward, Ramachandraraopeta, within the limits of Eluru Municipal Corporation, Eluru Mandal, Eluru District, pending disposal of the 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 grant stay of all further proceedings pursuant to order dated 13-4-2025 passed by 5^" respondent in proceedings D.Dis.No.84701/ Coord.Sec(D5)/ 2025, pending disposal of the writ petition Counsel for the Petitioner: P VIVEK Counsel for the Respondents Nos.1 to 3: SRI M.BALA NAGA SRINIVAS Counsel for the Respondents Nos.4: NONE APPEARED Counsel for the Respondents Nos.5 & 6: GP FOR REVENUE The Court made the following order: APHC010410002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-19 [3446] Writ Petition No: 20923 of 2025 Potharaju Srilakshmi ...Petitioner Vs. The Kotak Mahindra Bank Limited and others ...Respondents ********** Advocate for Petitioner: Mr. M. Srikanth appearing vice Mr. P. Vivek Mr. M. Bala Naga Srinivas Advocate for Respondent: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO : 7**^ August, 2025. DATE PC ; The petitioner’s case is that even when an S.A.No.443 of 2025 has been filed along with I.A.Nos.3058 and considered and the matter has been fixed to 28.08.2025. 2980 of 2025, the same were not 2. It is stated that even when the petitioner had interim relief, no such consideration a good case for grant of was granted. 3. In the meantime, it is stated that the respondents dispossess the petitioner from the are likely to property in question, which was a secured 2 HCJ & RRRJ WP_20923_2025 asset with the respondent - Bank, rendering the proceedings before the Tribunal academic. 4. Be that as it may, we dispose of this writ petition with a direction to the respondent - Debts Recovery Tribunal, Visakhapatnam, to decide the Interlocutory Apptications preferably within six weeks. Till then, status quo be maintained with regard to the possession of the petitioners over the schedule property. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Authorized Officer, Kotak Mahindra Bank Limited, Regd. Office 27, BKC, C-27, G-Block, Bandra, Kurla Complex, Bandra (East), Mumbai. 2. The Authorised officer, Kotak Mahindra Bank, Legal Department, D.No.6-3-1109/1,2nd floor, Navabharat chambers, Raj bhavan road. Somajiguda, Hyderabad. 3. The Authorised officer, Kotak Mahindra Bank, Regional office. Near Andhra Machavaram, Vijayawada, BSNL Bhavan, above KFC Pradesh. 4. The Debt Recovery Tribunal, Registrar, Road Near Leelamahal Road, Daba Gardens, Jagadamba Junction Visakhapatnam, Andhra Pradesh -530 020. 5. The Collector and District Magistrate, Eluru District, Eluru. 6. The Tahsildar, Eluru Urban Mandal, Eluru District. 7. One CC to SRI P.VIVEK Advocate [OPUC] D.No.31-32-54, Chitralaya 8. One CC to SRI M.BALA NAGA SRI NIVAS SC FOR KOTAK MAHINDRA BANK [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CD Copies MBT HIGH COURT DATED:07/08/2025 ORDER WP NO. 20923 OF 2025 s 1 i *1)6 ?n» ^ * Current section ^ a DISPOSING THE W.P WITHOUT COSTS