> ,r - A «-> IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI: (Special Original Jurisdiction) f] SK I o FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE fh, PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2869 OF 2024 Between: Devarasetty Chandra Sekhara Prasad, S/o Venkata Swamy, aged 42 years, Occ:- R/o 26-20-73, 0pp. 18th lane, AT Agraharam, Chuttugunta, Guntur. ...PETITIONER AND 1. Cholamandalam Investment and Finance Company Limited, Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai-600032, India. 2. Cholamandalam Investment and Finapce Company Limited, . Rep by its Branch Manager D No 6-9-23 2nd Floor, Nakka Rama Peddi Complex 9th Lane Arundelpet Guntur 522 002. 3. Cholamandalam Investment and Finance Company Limited,, . D.N0.59- 14-2A, 1st Floor, Santhi Plaza, Gayathri Nagar, Vijayawada 520008 by its Authorised Officer/Branch Manager Durga Prasad. G 4. Reserve Bank of India, Having Office at 6 Sansad Marg New Delhi 110 001, India Rep by its Authorized Signatory. rep ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ, order or direction more particularly nature of writ of mandamus declaring the action of the respondents proposing to conduct e- auction on 07-02-2024, for the loan account No. may one in the in XOHEGUN00003010388 of the property extent of 135-75 Sq.yds(133-50 Sq.mts) of Site Ground Floor and first floor R.C.C.Building therein Asst No 39309/279, Plat No.4 Block No.1 New Ward No.23, Sivaramnagar, Corporation Area, Guntur Dr.No. 26-20-73, , Guntur under SARFACI Act, 2002 and Rule 8(6) of Security is highly illegal, arbitrary. Interest (enforcement) Rules, 2002 unconstitutional and SARFESI Act and Rules made thereunder and also in violation of Articles 14, 21 and 300-A of the Constitution of India and Mdnidipal Old Ward No. 17, T.5.No.41,41,44 ,Sub- Registry, Guntur Dist., being bounded bybearing Asst. No. 10210030015, Old Area. Mallappakunta (Chuttugunta) through Sale Notice dated 03.01.2024 issued contrary to the provisions of the set aside the same. lA NO: 1 OF 2024 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 may be pleased to grant stay of all further the e-auction to be conducted NO.XOHEGUN00003010388 of the proceedings of on 07-02-2024, for the Loan Account property to an extent of 135-75 Sq.yds (133-50 Sq.mts) of Site Ground Floor and first floor R.C.C.Building therein ^ Asst. No. 39309/279, Plat No.4 Block No.1, New Ward No.23, Old Ward N0.17, T.5.No.41,41,44, Sivaramnagar, Municipal Corporation Guntur Sub- Registry, Guntur Dist., bearing Dr.No. Area, 26-20-73, Asst. No. 10210030015, Old Area. Mallappakunta (Chuttugunta), Guntur through Sale Notice dated 03.01.2024 issued under SARFACI Act, 2002 and Rule on the file of the 3 8(6) of Security Interest (enforcement) Rules, 2002 respondent, pending disposal of the above writ petition rd lA NO: 3 OF 2074 Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be praying that in the circumstances pleased to extend the interim orders granted by this Hon'ble Court vide orders dated 05-02-2024 in I A No 1 of 2024 in W.P.No. 2869 of 2024 pending disposal the above writ petition. lA NO: 2 OF 2024 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 extend the interim orders granted by this Hon’ble Court vide orders dated 05-02-2024 in I A No 1 of 2024 in W.P.No. 2869 of 2024 pending disposal the above writ petition. Counsel for the Petitioner: SRI PALLA BALL! ANIL KUMAR Counsel for the Respondent Nos. 1 to 3: MS. SRAVANTHI K REPRESENTING SRI KUNUKU RAJA SEKHAR Counsel for the Respondent No.4: —- The Court made the following: ORDER APHC010051672024 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-3 AT AMARAVATI WM WRIT PETITION NO: 2869 of 2024 Devarasetty Chandra Sekhara Prasad ...Petitioner Vs. Cholamandalam Investment And Finance Companyn Limited and others ...Respondents ********** Advocate for Petitioner Mr. Palla Balu Anil Kumar Advocate for Respondents Ms. Sravanthi K representing Mr. Kunuku Raja Sekharfor R.1 to R.3 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DR JUSTICE K MANMADHA RAO DATE : 9^^ May 2025 PC : Learned counsel for the petitioner states that the matter is rendered infructuous. The Writ Petition is, accordingly, disposed of as having been rendered infructuous. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- SHAIKMOHD. RAFI ASSISTANT REGISTRi^ //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Palla Balu Anil Kumar, Advocate [OPUC] 2. One CC to Sri Kunuku Raja Sekhar, Advocate [OPUC] 3. Three CD Copies TF 4 HIGH COURT DATED:09/05/2025 ORDER WP.No.2869 of 2024 * 2 7 MAY 2025 % ^ . Current section * ■^>y DISPOSING OF THE W.P. AS INFRUCTUOUS, WITHOUT COSTS