IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29984 OF 2024 Between: Sri Sai Cotton Traders, Rep. by its Proprietor Nalliboyina Venkatapathy, S/o. Narasimham, aged about 71 years, R/o. D.No.7-245/39/1, Gopai Nagar, Vijayawada Road, Amaravathi, Palnadu District, A.P. AND Canara Bank, Rep. by the Authorised Officer, A.R.M. Branch, Circle Office, Srinivasa Nagar Bank Colony, Ring Road, Vijayawada N T R District, A.P. Canara Bank, Rep. by the Branch Manager, Main Branch, P.B.136, Hindu College High School Campus, 0pp. Gandhi Park, Guntur Guntur District, A.P. Shaik Madina Rabbani, S/o. Shaik Muneer, aged about 36 years, R/o. Flat No.402, A-Block, Boulder Hills Apartment, Akbar Hills, Pillar ’ No.203, Upperpalli, Attapur, K.V. Ranga Reddy District, Telangana State. Bellapu Naga Lakshmi, W/o. Doddi Venkata Manoj, aged about 27 years, R/o. D.No.25-1-42, R. Agraharam, 1®* Lane, Guntur City, Guntur District, A.P. ...Petitioner 1. 2. 3. 4. 5. Majeti Venkata Subrahmanyeswara Rao, S/o. Majeti Pedanna, aged about 63 years, R/o. Flat No.J23, 2'^'^ Floor, My Home Brundavan ISCKON Temple, Guntur City, Guntur District A P Near 6. Areti Sambasiva Rao, S/6. Areti Dariya, aged about 64 years R/o D.No.25-16-85, Flat No.410, A-Block, Rishi Valley Homes, 0pp. Tobaccd Board Srinivasa Rao Thota, Guntur, Guntur District, A.P. ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue any writ, order or Direction more particularly one Petition under Article 226 of the Constitution of India may in the ■-"T nature of writ of Mandamus to give a direction to the Respondent Bank to, cancel the auction of three mortgaged properties of the Petitioners firm i.e.. Vacant site an extent of 4111.11 Sq. Yds. bearing Plot No.259 in Sri Mallikharjuna Puram Colony layout in D.Nos.107, 108(P), 109, 110, 111, 115(P), 116(P), 118(P), 122(P), 123(P), 124(P), 125, 126(P), 128(P), 129, 131, 133/3, 134(P), 135(P), 138/2, 149(P), 159(P) of Nallapadu Village, Guntur West Mandal, Guntur District which was auctioned on 11.11.2020 and Vacant sites an extent of 200 Sq. Yds. bearing Plot No.38 and 200 Sq. Yds. bearing Plot No. 39 in D.No.264/D of Nallapadu Village, Guntur West Mandal, Guntur District which were auctioned on 24.07.2024 by the Respondent Bank while securitisation application S.A. No.343/2019 was pending before the Hon’ble Debt Recovery Tribunal, Visakhapatnam and to take appropriate decision on the OTS application dated 08.03.2019 which is pending with the Respondent Bank by adjusting the upfront amount of Rs.5,00,000/- paid by the Petitioners firm paid on 21.03.2019 and Rs.4,50,000/- debited by the Respondent Bank from the Petitioners other accounts without the consent of Petitioner and grant requisite time to the Petitioners firm to secure funds to pay the remaining OTS amount of Rs. 1,20,00,000/- to the Respondent Bank. r lA NO: 1 OF 2024 Petition under Section 1-51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order by directing the Respondent Bank to consider the written representation dated 18.11.2024 submitted by the petitioner’s firm, until disposal of the above writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondents 1 & 2: SRI T B L MURTHY Counsel for the Respondents 3 to 6: The Court made the following order: Bench Sr.No:-20 [3483] APHC010560492024 COURT OF ANDHRA PRADESH AT AMARAVATI r WRIT PETITION NO: 29984 of 2024 ...Petitioner M/s. Sri Sai Cotton Traders Vs. ...Respondents Canara Bank and others ick-k******* Mr. Srinivasa Rao Narra Advocate for Petitioner Mr. TBLMurthyforR.1 & R.2 Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 28*^ March, 2025 P C : Learned counsel for the parties agree that against the order passed by the Debts Recovery Tribunal, Visakhapatnam, in SA.No.343 of 2019, dated 10.10.2024, the respondent bank has already preferred an appeal which is pending before the Debts Recovery Appellate Tribunal. Be that as it may, the petitioner shall have to await the outcome of the proceedings which are currently before the DRAT. In our opinion, insofar as the prayer made by the petitioner for considering the one time settlement proposal of the petitioner is concerned, no directions are warranted and it shall be open to the parties to arrive at an agreement if they so desire. T 2 HO & RC,J WP_29984_2024 The Writ Petition is, accordingiy disposed of. No order as to costs. Misceiianeous appiications pending, if any, shall stand closed. h' Sd/- K TATA RAO DEPUTY^ REGISTRAR //TRUE COPY// OFFICER SECTI To, \ 1. The Authorised Officer, Canara Bank, A.R.M. Branch, Circle Office, Srinivasa Nagar Bank Colony, Ring Road, Vijayawada, N.T.R. District, A.P. 2. The Branch Manager, Canara Bank, Main Branch, P.B.136, Hindu College High School Campus, 0pp. Gandhi Park, Guntur, Guntur District, A.P. 3. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] 4. One CC to Sri T B L Murthy, Advocate [OPUC] 5. Two CD Copies RAM 'a* HIGH COURT DATED:28/03/2025 ORDER x5* I WP.No.29984 of 2024 01 APK 2025 i/a: cn 5 C6 i Currsni Sectiors A - •»*“• DISPOSING OF THE WP WITHOUT COSTS