Extracted from the PDF above. The PDF is authoritative.
:z^' APHC010416612025 ‘iii fN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) THURSDAY,the FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE present HON BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE PRADESH -0 If 71 2k AND HON’BLE SRI JUSTICE R RAGHUNANDAN WRIT PETITICM MO. 0-^25 OF 7n->-; RAO Between:
1. M/s. New Supreme Pipe Industry, a Proprietor, Shaik Fazlur Rahaman, about 45 proprietorship firm Rep. by its S/o. Shaik Abdul Rahaman, * Plot No.05, 06, 07, Industrial aged Park, Rayachoty, years. Annamayya District, Andhra Pradesh
2. Shaik Fazlur Rahaman, . 516269. S/o. Shaik Abdul Rahaman years, Pec Business, R/o. Door No. 58/150 58/151, Bhattu Street Rayachoty, Annamayya District, Andhra Pradesh, 516269. aged about 45 ■-PETITIONERS AND
1. Union Of India, Rep. by its Secretary to Government of India Finance, New Delhi. 2. Reserve Bank of India, Ministry of Rep. by its Regional Director Fort Glacis, No. 16, Rajaji Salai, Chennai - 600 001. 3. Canara Bank, Rep. by its Managing Director Opposite Putana Chetty Kala , Corporate Office No. 112, Mandir, JC Road, Nagarathpet-560002. Bangalore, Karnataka State. f
4. Ms. Aruna Jyothi, Assistant General Manager, Canara Bank, Rayachoty Branch, Annamayya District, Andhra Pradesh, 516269. 5. The Branch Manager, Canara Bank, Rayachoty Branch, Annamayya District, Andhra Pradesh, 516269. 6. The Authorized Officer, Recovery Cell, Canara Bank, Rayachoty Branch, Annamayya District.
...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 wrongful actions of Respondents 4 to 6 in illegally clubbing the non-NPA housing loan (A/c No. 160000461360) availed by the 2^"^ Petitioner with the overdraft loan (A/c No. 31941400000450) availed by the 1®‘ Petitioner for NPA classification, disregarding substantial payments made in 2025, and issuing demand notices dated 13.05.2025 possession notices dated 15.07.2025 and redemption notices dated thereby contemplating to take physical possession of the 23.07.2025, secured assets, namely the 2'"'^ Petitioners residential property situate at Door No. 58/150 58/151, Bhattu Street, Rayachoty, and the 1 Petitioners industrial Plot No. D8 of Industrial Park, Rayachoty, Annamayya District, arbitrary, irregular, contrary to principles of natural justice violative of The Securitisation and Reconstruction of Financial Assets and as Enforcement of Articles Security Interest Act, 2002 and petitioners fundamental rights under 14, 19(1)(g), 21, and 300-A of the Constitution and consequently directing the Respondents 3 to 6 to reconsider the NPA classification by delinking the housing loan (A/c No. 160000461360) from the overdraft loan 31941400000450), provide updated account statements post and negotiate a one-time settlement (OTS) or term loan conversion for the overdraft loan and directing the 2ND Respondent to investigate the violations A/c No. 24.07.2025,
by Respondents4 to 6, including illegal clubbing, harassment through coercive visits to Kadapa and Rayachoty lA NO: 1 OF 2025 defective notices, and 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 suspend the operation of demand notices dated 13.05.2025 notices dated 15.07.2025 and redemption notices dated 23.07.2025 and consequently Grant an possession interim stay on all SARFAESI proceedings, including secured assets, namely the 2 auctions of the nd Petitioner’s residential property situate at Door No. 58/150 & 58/151, Bhattu Street, Rayachoty and the 1"’ Petitioner’s industrial Plot No. D8, Industrial Park, Rayachoty, pending disposal of this Writ Petition, to prevent irreparable loss, pending disposal the main Writ Petition.
of Counsel for the Petitioners: SRI SYED KALEEMULLA Counsel for the Respondent No.1: THE ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 to 6:-- The Court made the following order:
Bench Sr.No:- APHC010416612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 10 [3446] WRIT PETITION NO: 21325 of 2025 M/s. New Supreme Pipe Industry and others ...Petitioners Vs. ...Respondents Union of India and others ********** Mr Kaleemulla S Advocate for Petitioners Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 14“’August, 2025 P C ; In view of the availability of an equally efficacious alternative remedy before the Debts Recovery Tribunal and considering the ratio of the judgments of the Apex Court in Radha Krishan Industries v. State of Himachal Pradesh [(2021) 6 SCC 771] and United Bank of India v. Satyawati Tondon [(2010) 8 SCC 110], we do not find it a fit case to invoke our extra-ordinary writ jurisdiction under Article 226 of the Constitution of India. The Writ Petition is, accordingly, dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.
Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. One CC to Sri Syed Kaleemulla, Advocate [OPUC]
2. One CC to the Addl. Solicitor General of India, High Court of A.P. [OPUC]
3. Two CD Copies. c* r* \r\
HIGH COURT DATED: 14/08/2025 S 3 n AUG 2025 S ^ . Current aiection
ORDER WP No.21325 OF 2025 •a DISMISSING THE W.P. WITHOUT COSTS