Syndicate Bank v. Andhra Pradesh State Financial Corporation
WP/33456/2018 · 2025-06-29
Dhiraj Singh Thakur, Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38179 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38179 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010691982018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33456 OF 9ni« Between:
1. Syndicate Bank, Asset Recovery Management Visakhapatnam, Rep. by its Authorised Officer. Branch, Daba Gardens, Under SARFAESI Act ...Petitioner AND
1. Andhra Pradesh State Financial Corporation Vaishnavi Plaza, Pantakaluva Road, , D.No. 58-7-15, level 3, New Postal Colony, Patamata, Vijayawada - 520010. Rep. by its Managing Director. 2. Andhra Pradesh State Financial Corporation D.No.20-21-6, 2nd Floor, Plot No.1, , Vizianagaram Branch, Simhadrinagar, 100ft Ring road. Vizianagaram - 535002. 3. M/s Chekuri Chemicals Pvt Ltd, Having its Regd. Office at 50-78-7/1 Behind BPC Petrol Pump, Gurudwara Junction, Seetammapeta,’ Visakhapatnam - 530016. ...Respondents of India praying that in the , the High Court may be Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith
pleased to issue a writ order or direction particularly one in the nature of Writ of Mandamus declaring that the Respondents No.1 and 2 (APSFC) do not have any right to dispossess the petitioner bank from Respondent No.3s Unit i.e., land admeasuring Ac.0-72 cents in Sy.No. 48/1 p, 2, 3, 4 and 5 and buildings thereon situated at Kovvada Agraharam Village, Pusapatirega Mandal, Vizianagaram District and the plant and machinery and other movables lying in the said unit of Respondent No.3 as petitioner bank is secured creditor and came into possession under SARFAESI Act and the action of APSFC officials in trying to take physical possession of the same forcibly by driving away the security staff deployed by the petitioner bank in the aforementioned premises is illegal, arbitrary and without any authority under law, and consequently, direct the Respondents No.1 and 2 not to interface with possession of the petitioner over the said property without following due process of law. lA NO: 1 OF 2018 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 No.1 and No.2 to furnish the amount due to APSFC by the respondent No.3 along with upto date statement of account during pendency of writ petition.
lA NO: 2 OF 2018 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 No.1 and 2 not to interfere with possession of the petitioner over land admeasuring Ac.0-72 Cents in Sy.No. 48/Ip, 2, 3, 4 and 5 and buildings thereon situated at Kovvada Agraharam Village, Pusapatirega Mandal, Vizianagaram District and the plant and machinery and other movables lying in the unit of Respondent No.3 during pendency of writ petition. li w Counsel for the Petitioner: SRI T B L MURTHY Counsel for the Respondents: SRI G R SUDHAKAR The Court made the following order:
^ APHC010691982018 Bench Sr.No:-9 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 33456 of 2018 ...Petitioner Syndicate Bank Vs. ...Respondents Andhra Pradesh State Financial Corporation and others ********** Advocate for petitioner Advocate for respondents Sri T. B. L. Murthy Sri G. R. Sudhakar
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 30th June 2025 PC :
Learned counsel for the petitioner Bank states that the petitioner is in possession of the property which was the secured asset with the bank and that it is already before the Debts Recovery Tribunal, Visakhapatnam by way of filing Original Application No.355 of 2014.
2. Be that as it may, since the petitioner has already availed the alternate remedy, the present Writ Petition is closed. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed.
Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR / SECTION OFFICER //TRUE COPY// To,
1. One CC to Sri. T B L Murthy Advocate [OPUC]
2. One CC to Sri. G R Sudhakar Advocate [OPUC]
3. Three CD Copies GSC
? ' HIGH COURT DATED:30/06/2025
ORDER WP NO. 33456 OF 2018 n jtit2(i>5 m €0 9, V/ ^ . Current Section ^ CLOSING THE WP WITHOUT COSTS