DEVARASETTI SRINIVASARAO v. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
WP/2868/2024 · 2025-05-08
Dhiraj Singh Thakur, K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5866 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5866 (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) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 28fi« OF 2024 Between: 7n Tn®”' years, Occ: R/o 26- 20-73, 0pp. 18th lane, AT Agraharam, Chuttugunta, Guntur. ...PETITIONER AND Investment And Finance Company Limited, "Chola crenna-6O00T2
2. Cholamandalam Investment and Finance Company Branch Manager D No 6-9-23 2nd Floor, 9th Lane Arundelpet Guntur 522 002. U°2ATt'!:t"’
""" Limited,, D.N0.59- hv if ^ ^ °nyathri Nagar, Vijayawada 520008 by Its Authorised Officer/Branch Manager Durga Prasad. G OoTlndia^r'' 'f a' ®
“^^9 New Delhi 110 001, India Rep by its Authorized Signatory. Limited, Rep by its Nakka Rama Peddi Complex rep ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i be pleased to issue Writ, order nature of writ of mandamus of India praying that in in the affidavit filed therewith, the High Court may or direction more particularly one in the declaring the action of the respondents in
X, proposing to conduct e- auction on 07-02-2024, for the Loan Account No - XGHEGUN00003010189 of the property House bearing T.S. No. 41, 42 : and 44, M. Ward. No. 17(0) 23(N), Block No. 1, Ast. , ' 39309/2/79(0)1021030015(N), Plot No. 4 land admeasuring 135.75
50. Yas. With built up ares admeasuing 1068 Sq. Ft. Situated at Door. No. 54- 67(0), New Door No. 26-20-73, Sivaram Nagaf, Chuttugunta, Guntur Mumcipal Corporation, Guntur District-522004 through Sale Notice dated 03.01.2024 issued under SARFACI Act, 2002 and Rule 8(6) of Security Interest (enforcement) Rules, 2002 is highly illegal, arbitrary, unconstitutional and contrary to the provisions of the SARFESI Act and Rules made thereunder and also in violation of Articles 14, 21 and 300-A of the Constitution of India and set aside the same. No.
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 to grant stay of all further proceedings of the e-auction to be conducted on 07-02-2024, for the Loan Account No XGHEGUN00003010189 of the property House bearing T.S. No. 41, 42 and 44, M. Ward. No. 17(0) 23(N), Block No. 1, Ast. No.9309/2/79(0)1021030015(N), Plot No. 4 land admeasuring 135.75
50.
Yas, With built up area admeasuing 1068 Sq. Ft. Situated at Door. No. 54- 67(0), New Door No. 26-20-73, Sivaram Nagar, Chuttugunta, Guntur Municipal Corporation, Guntur District-522004 through Sale Notice dated 03.01.2024 issued under SARFACI Act, 2002 and Rule 8(6) of Security Interest (enforcement) Rules, 2002 on the file of the 3rd respondent, pending disposal of 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. 2868 of 2024 pending disposal the above writ petition. Counsel for the Petitioner: SRI PALLA BALU 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
APHC010051692024 Bench Sr.No:-2 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 2868 of 2024 Devarasetti Srinivasarao ...Petitioner Vs. Cholamandalam Investment and Finance Company 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/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// OFFICER SECTI To,
1. One CC to Sri Palla Balu Anil Kumar Advocate [OPUC] One CC to Sri Kunuku Raja Sekhar Advocate [OPUC] Three CD Copies
2.
3. TF
HIGH COURT DATED:09/05/2025
ORDER WP.No.2868 of 2024 DISPOSING OF THE W.P. AS INFRUCTUOUS, WITHOUT COSTS