MADALA HEMA JYOTHI v. THE AUTHORIZED SIGNATORY/CHIEF MANAGER
WP/792/2025 · 2025-09-17
Dhiraj Singh Thakur, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3198 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3198 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
t4 APHC010013422025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) ?
THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER^-- TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 792 OF 2025 Between: Madala Hema Jyothi, W/o.Venakta Vara Prasad, Aged about 47 years, Occ. House-wife, Devapuram, Guntur, Guntur District. R/o.Flat No.302, Sivagiri Nilayam, 3rd line. ...Petitioner AND
1. The Authorized Signatory/Chief Manager, UCO Bank, MID Corporate Brundavan Gardens, Branchy D.No.3-28-18-1, Norwich Towers Guntur, Guntur District.
2. The Branch Manager, UCO Bank, MID Corporate Branch, D.No.3-28- 18-1, Norwich Towers, Brundavan Gardens, Guntur, Guntur District.
3. The Zonal Manager, UCO Bank, Zonal Office, Road No. 10, Banjara Hills, Hyderabad, Telangana State.
4. The Authorized Signatory, UCO Bank, Arundelpet Branch, Guntur Guntur 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 action of the respondents in not
> ' f considering the legal notice, dated 16-12-2024 issued by the petitioner is as, illegal, arbitrary, contrary to procedure contemplated under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Security Interest (Enforcement) Rules, 2002 and violation of Article 300(A) of the Constitution of India and consequently direct the respondents to consider the Legal Notice, dated 16-12-2024 and issue registered Sale Certificate in favour of the petitioner by receiving the balance sale
consideration and deliver the possession of an extent of 486 14 Sq yards in D.No.209 situated at Block No.34, Purushottampatnam Village, Chilakaluripet procedure contemplated under r Municipal Area, Palnadu District as Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Security Interest (Enforcement) Rules, 2002.
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 respondents to consider the Legal Notice, dated 16-12-2024 and issue registered Sale Certificate in favour of the petitioner by receiving the balance sale consideration and deliver the possession of an extent of 486 72 Sq yards in D.No.209 situated at Block No.34, Purushottampatnam Village, Chilakaluripet Municipal Area, Palnadu District as procedure contemplated under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Security Interest (Enforcement) Rules,
2002. Counsel for the Petitioner: SRI DAGGUBATI RAMASWAMY REDDY Counsel for the Respondents; M/S HANUMANTHU HYNDHAVI The Court made the following order:
Bench Sr.No:-87 [3446] APHC010013422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ?
WRIT PETITION NO: 792 of 2025 Madala Hema Jyothi ...Petitioner Vs. The Authorized Signatory/ Chief Manager and others ...Respondents ********** Mr. Daggubati Ramaswamy Reddy Advocate for Petitioner Advocate for Respondents
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 18th September 2025 P C : The petitioner was a successful bidder in an auction conducted under the provisions of the SARFAESI Act, 2002. An amount of 25% was paid at the time of the bid, however, the rest of the amount was not paid on account of some interim directions given by the Debts Recovery Tribunal, Visakhapatnam, in I.A.No.546 of 2018 in S.A.No.59 of 2018 filed by the principal borrower.
2 HCJ & RRRJ W.P.No.792 of 2025 m The petitioner now seeks registration of the property in her name
2. i on payment of the balance amount. The claim of the petitioner is that the Bank is demanding interest
3. on the unpaid amount. However, the rate of interest and the exact amount, which the Bank is seeking to recover from the petitioner, has not been reflected in the counter affidavit filed by the respondent Bank.
Learned counsel for the respondent Bank is not present before us
4. today with a view to assist this Court properly. Even the counter affidavit which has been filed does not clearly reflect their stand. Be that as it may, we direct the Bank to determine the exact
5. amount which the Bank seeks the petitioner to pay on account of the interest on the unpaid amount. The same be communicated to the petitioner within three (3) weeks from today. We make it clear that the petitioner would be under an obligation
6. to pay the requisite interest which shall be determined by the Bank in accordance with the prescribed RBI regulations and the Bank’s policy. In case the petitioner finds that the interest element is something which is not payable by him strictly in accordance with the banking regulations, it will be open to the petitioner to take remedial measures in accordance with law.
3 HCJ & RRRJ W.P.No.792 of 2025
7. The Writ Petition is, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications pending, if any. shall stand closed.
Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR // <1^ SECTION OFFICER //TRUE COPY// To,
1. The Authorized Signatory/Chief Manager, UCO Bank, MID Corporate D.No.3-28-18-1, Norwich Towers, Guntur, Guntur District.
2. The Branch Manager, UCO Bank, MID Corporate Branch, D.No.3-28- 18-1, Norwich Towers, Brundavan Gardens, Guntur, Guntur District.
3. The Zonal Manager, UCO Bank, Zonal Office, Road No. 10, Banjara Branch, Brundavan Gardens, Hills, Hyderabad, Telangana State.
4. The Authorized Sig^ory, UCO Bank, Arundelpet Branch, Guntur, Guntur District.
5. One CC to Sri. Daggubati Ramaswamy Reddy Advocate [OPUC]
6. One CC to M/s Hanumanthu Hyndhavi Advocate [OPUC]
7. Two CD Copies gsc
H. Z' HIGH COURT DATED:18/09/2025
ORDER WP NO. 792 OF 2025 I 2 5 SEP 2025 ^ ^ ^ Cunem Mellon -j/ ^’%£iSPATCV&^ DISPOSING THE WP WITHOUT COSTS