M/S SVRR RICE MILL v. THE AUTHORISED OFFICER CANARA BANK
WP/11960/2025 · 2025-05-04
Dhiraj Singh Thakur, Ravi Cheemalapati
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49490 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49490 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY. THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11960 OF 2025 Between: Partners, situated at Iskapalli Village, Alluru Mandal, Nellore-524315. ^
2. P Rattaiah, S/o Balakotaiah, Aged 70 years, residing at 1/156 Iskapalli Village, Alluru Mandal, Nellore-524315. Ti, Rattaiah Aged years, residing at 1/156, Iskapalli Village, Alluru Mandal, Nellore-524315. 4. Papanaboyena Balakrishna, S/o. Shenkaraiah, aged years, residing at Iskapalli Village, Alluru Mandal, Nellore-524315. ...PETITIONERS AND NeL^e D?s1^®^ Officer Canara Bank, Isakapalli Branch, Isakapalli, ^ NeHore Dis?*^’ Branch Manager Isakapalli Branch, Isakapalli,
3. Shaik Mohammed Naseer, S/o. Shaik Md. Sattar Hussain, Aged years o* ■ Upstairs, Near Thulsamma Hospital, Ayyasami Pillai Street, Nagarajupeta. Cuddapah-516001. 4. The Debts Recovery Tribunal, Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue writ, order or direction more particularly nature of Writ of Mandamus to direct the proceedings initiated by the 1st and 2nd Respondents pursuant to the sale notice dated 19.02.2024 the High Court may one in the with
respect to the secured assets of the Petitioners in SA No. 156 of 2024 on the file of the Debt Recovery Tribunal, Visakhapatnam as illegal and arbitrary consequently to set aside the proceedings initiated by the Bank under the provisions of SARFAESI Act including the Sale Notice dated 19.02.2024 further the sale certificate dated 18.10.2024 as registered on 24.12.2024, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all further proceedings initiated by the 1®* and 2 respondents under the provisions of SARFASI Act with respect t o the secured assets i.e., the Schedule items in S.A. No.156 of 2024 on the file of the Debt Recovery Tribunal, Visakhapatnam, pending disposal of the Writ Petition.
nd Counsel for the Petitioners : SRI G. RAMA GOPAL Counsel for the Respondent Nos.1 & 2 : SRI V. SREEDHAR, SC FOR CANARA BANK Counsel for the Respondent Nos.3 & 4 : NONE APPEARED The Court made the following: ORDER
APHC010237182025 Bench Sr.No:-18 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 11960 of 2025 M/s SVRR Rice Mill and others ...Petitioners Vs. The Authorised Officer, Canara Bank Isakapalli Branch and others ...Respondents ********** Advocate for Petitioners Mr. G Rama Gopal Advocate for Respondents CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 5**’ May, 2025 DATE PC : The petitioners claim that even when an S.A bearing No. 156 of 2024 was filed accompanied by an I.A bearing No.814 of 2024 seeking interim protection and that the matter has been adjourned repeatedly by the Debts Recovery Tribunal, Visakhapatnam. 2. Details have been given about various orders that had been passed starting from 01.04.2024, 19.06.2024, 13.09.2024, 28.10.2024 18.12.2024, 29.01.2025 & 26.03.2025. 2 HCJ & RC, J WP_11960_2025 It is stated that on most of these occasions, it was the counsel for the respondent bank that had sought an adjournment for filing the counter, which has since been filed and the matter is posted on 27.05.2025 for
3.
arguments. It is stated that no orders at all have been passed in the I.A. Be that as it may, the Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam, to pass appropriates orders in IA.No.814 of 2024 in SA.No.156 of 2024. Till such time as orders
4. are passed, status quo with regard to the possession of the petitioners in the secured assets be maintained. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER NeL^e D?stricf 'sakapalli Branch, Isakapalli, Manager, Canara Bank, Isakapalli Branch, Isakapalli Nellore District. ’
3. The Debts Recovery Tribunal, Visakhapatnam.
4. One CC to Sri G. Rama Gopal, Advocate [OPUC]
5. One CC to Sri V. Sreedhar, SC for Canara Bank [OPUC]
6. Three C.D. Copies. Cnr
HIGH COURT DATED:05/05/2025
ORDER WP.No.11960 of 2025 S 03MAy20?5 ™ Current Section DISPOSING OF THE W.P.
WITHOUT COSTS