w IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESEIMT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11428 OF 2025 Between: 1. M/S Aishwarya Cotton Pvt. Ltd, Represented by its Director, Mr. Gudisi Sivanna, Regd. Office. Godown No.48, Market Yard, Adoni Kurnool D1st518301. Factory Address. Sy.No.95/A2, Basapuram Road, Parvathapuram Village, Adoni, Kurnool Dist 518302. 2. M/s. Sree Kasi Visweswara Swamy Traders, Represented by its Proprietor, Mr. Gudisi Sivanna, Godown No.48, Market Yard, Adoni, Kurnool Dist 518301. 3. M/s. Sri Rajalakshmi Traders, Represented by its Proprietor, Mrs. Gudisi Lakshmi, Godown No.48 Dist518301. 4. Mr.Gudisi Sivanna, S/o G.Pedda Linganna, Aged about 55 Years, Occ. Business, Godown No.48, Market Yard, Adoni, Kurnool District-518 301. Market Yard, Adoni, Kurnool 5. Mrs.Gudisi Lakshmi, S/o Mr.G.Sivanna, Aged about 52 Years, Occ. Business, Godown No.48, Market Yard, Adoni 301. 6. Mr.Gudisi Malleshappa, S/o G.Pedda Linganna, Aged about 48 Years, Occ. Business, R/o H.No. 12/292, Kuruva Colony, Village, Peddakadabur Mandal, Kurnool District-518 323. Kurnool District-518 Peddakadabur :..PETITIONERS AND 1. The Reserve Bank of India, Represented by its General Manager, 6 Sansad Marg, New Delhi. 3 > 2. Maximus ARC Limited, Registered Office. 302B, Jain Sadguru Image's Capital Park, Image Gardens Road, VIP Hills, Madhapur, Hyderabad 500 081. l-i Karnataka Bank Limited, Retail Finance Department, Adoni Branch, / Kurnool District. 4. tc 4. Authorized Officer, Maximus ARC Limited, R. V. Raju, Corporate Office, Hyderabad. 5. M/s. Sri Venkateshwara Trading and Mill Services, Represented by its Proprietor Mr. Kanumilli Shailendra Kumar Resident of Plot No. 175 No. 433/444, Palacharla Village, Rajanagram Mandal, East Godavari District 533 102. , ■- RS ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 a Writ of Mandamus, a) To set aside the E-Auction dt. 28.02.2025, it's subsequently and consequential proceedings void and against the procedure contemplated under the SARFAESI b)To Direct the Respondent No. 2 to are null and Act. consider the Petitioners Right of Redemption by adhere to its proposal in as stated in its letter dt. 07.03.2025 'However, we are willing to consider your request for redemption of factory land and building property on receipt of specific proposal from you. c)To Direct the Respondent No. 2 to consider the Petitioners for One Time Settlement (OTS) Scheme for their redemption of mortgaged debt. d)To Declare the action of the Respondents in conducting the E-auction and it's further acts and proceedings of interfering possession of the petitioner are gross violation of procedure contemplated under SARFAESI Act and in gross violation of Principles of Natural Justice. with the k. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of E- Auction dt. 28.02.2025 conducted by the 1st Respondent for taking physical possession of petitioner’s property. over Counsel for the Petitioner; SRI O UDAY KUMAR REPRESENTING SRI R.VENKATA KRISHNA PRASAD Counsel for the Respondents: -— The Court made the following: ORDER Bench Sr.No:-^ [3483] APHC010219302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAN^ATI WRIT PETITION NO: 11428 of 2025 M/s Aishwarya Cotton Private Limited and others ...Petitioners Vs. The Reserve Bank of India and others ...Respondents Advocate for Petitioners Mr. O. Uday Kumar representing Mr. FR. Venkata Krishna Prasad Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 5th May 2025 P C : In view of the fact that there is an equally efficacious alternative remedy available to the petitioners and considering the ratio of the judgments of the Apex Court in Radha Krishan Industries v. State of Himachal Pradesh [(2021) 6 see 771] and United Bank of India v. Satyawati Tondon [(2010) 8 sec 110], we leave the petitioners free to avail the appropriate remedy. The Writ Petition is, accordingly disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. SD/- U. SRIDEVI ASSISTANT REGISTRAR /^EC^DN OFFICER //TRUE COPY// To, 1. The General Manager, Reserve Bank of India, 6 Sansad Marg New Delhi. The Maximus ARC Limited, Registered Office. 302B, Jain Sadguru Image's Capital Park, Image Gardens Road, VIP Hills, Madhapur, Hyderabad 500 081. The Karnataka Bank Limited, Retail Finance Department, Adoni Branch, Kurnool District. The Authorized Officer, Maximus ARC Limited, R. V. Raju, Corporate Office. Hyderabad. One CC to Sri R.Venkata Krishna Prasad Advocate [OPUC] Three CD Copies 2. 3. 4. 5. 6. TF 4 f HIGH COURT DATED:05/05/2025 ORDER WP.No. 11428 of 2025 EP 5 15 MAY 2025 a^ . Current taction * disposing of the W.P., WITHOUT COSTS