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2025 DAILYLAW 31403 (AP)

M/s. Stayanarayana Jewellers, v. City Union Bank Limited,

WP/23651/2024 · 2025-03-25

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23651 OF 2024 Between: 1. M/s. Stayanarayana Jewellers, Represented by its Managing Partner Boddu Venata Ramana Srintvas D.No. 10-1-12, Kotagummam Down, Pushkar Ghat, Rajahmundry, East Godavari District, Andhra Pradesh 2. Boddu Venkata Ramana Srinivas, S/o. Suri Appa Rao, Aged Major Occ Business D.No. 79-1-6, Tilak Road, Sowbagya Nilayam, J.N Raod, Rajahmundry East Godavari District, Andhra Pradesh ...PETITIONERS AND 1. City Union Bank Limited, Credit Recovery and Management Department, Rep.by its Authorized Officer i.e., Narayana, Administrative Office, No. 24-B, Gandhi Nagar, Kumbhakonam. 2. City Union Bank Limited, Rep.by its Brach Manager, D.No. 7-30-9 and 7-28-1, Vygram Raod, T. Nagar, Rajahmundry, East Godavari 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 be pleased to issue a Writ, order or a direction, more particularly one nature of Writ of Mandamus, declaring the actions of the Respondent Bank herein in trying to take away the physical possession of unsold properties of Items No. A, J, K, L, and O of Tender may in the cum Auction Sale Notice dated.29.05.2024 under the guise of powers under Section 14 of SARFAESI Act pending lA No.3078/2024 in SA No.337/2024 on the file of Debts Recovery Tribunal at Visakhapatnam as illegal, unwarranted, unsustainable, jbitrary, unconstitutional, against Law as well as principles of natural justice and consequently direct the respondents to not to take any coercive actions under SARFAESI Act in respect of unsold properties of Items No. A, J, K, L, and O of Tender cum Auction Sale Notice dated.29.05.2024 and consider the representation dated. 14.08.2024 directions of the Hon'ble Tribunal for settlement of dues submitted as per the pending disposal of SA No.337/2024 on the file Debts Recovery Tribunal at Visakhapatnam. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the Higfi Court may be pleased to stay of all further proceedings of taking physical possession of unsold properties of Items No. A, J, K, L cum Auction Sale Notice dated.29.05.2024 pending SA No.337/2024 file of Honourable Debt Recovery Tribunal, Visakhapatnam. Counsel for the Petitioners: SRI K B RAMANNA DORA Counsel for the Respondents: SRI S SATYANARAYANA MOORTHY The Court made the following: ORDER and O of Tender on the APHC010459802024 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-33 AT AMARAVATI [3483] WRIT PETITION NO: 23651 of 2024 M/s. Stayanarayana Jewellers and others ...Petitioners Vs. City Union Bank Limited and others ...Respondents ********** Advocate for Petitioners Mr. Challa Sreenivas representing Mr. K B Ramanna Dora Mr. S Satyanarayana Moorthy Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25*'’ March, 2025 PC : Mr. Challa Sreenivas, learned counsel representing Mr. K B Ramanna Dora, learned counsel for the petitioners, seeks to withdraw the writ petition. The Writ Petition is, accordingly, dismissed as withdrawn. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- M SRINiVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri K B Ramanna Dora Advocate [OPUC] 2. One CC to Sri S Satyanarayana Moorthy Advocate [OPUC] 3. Three CD Copies TF HIGH COURT DATED:25/03/2025 ORDER WP.No.23651 of 2024 DISMISSING THE W.P. AS WITHDRAWN, WITHOUT COSTS