APHC010709562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 36340/2025 Between: 1. CSR INFRATECH INDIA PVT LTD, REPRESENTED BY ITS MANAGING DIRECTOR C.SRINIASA RAO S/O KONDIAH FLAT NO.501 .PLOT NO.129/L,PJR ARCADE ,SAI NAGAR COLONY KUKATPALLI, HYDERABAD TELANGANA 500 072 ...PETITIONER AND 1. UNION BANK OF INDIA, Asset Recovery Branch 4th Floor, Andhra Bank Building R R Apparao Street, Vijayawada, AP 520 001 Rep by its Authorised Officer . ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Issue an order, direction or writ more in the nature of a Mandamus by declaring the sale notice dated 05.12.2025 putting the auction on 30.12.2025 received by petitioner on 11.12.2025 is exfacie illegal , arbitrary and contrary to the provisions of the SERFAESI Act, 2025 and violation of principles of natural justice and pass IA NO: 1 OF 2025 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 stay all further proceedings in pursuance of the sale notice dated 05.12.2025 2 putting the auction on 30.12.2025 received by petitioner on 11.12.2025 till the disposal of this Writ petition in the interests of justice, as otherwise the petitioner would be put to irreparable loss and injury. Counsel for the Petitioner: 1. VARA LAKSHMI CHEKURI Counsel for the Respondent: 1. 3 The Court made the following order: (Per Hon’ble Sri Justice R.Raghunandan Rao) Heard Smt.Varalakshmi Chekuri, learned counsel for the petitioner and Smt.V.Dhumani, learned counsel appearing for the respondent. 2. The petitioner herein has approached this Court by way of this writ petition challenging the notice of sale, dated 05.12.2025, issued by the respondent, under the provisions of the SARFAESI Act, 2002 for conducting an auction of the properties of the petitioner and guarantors, on 30.12.2025. 3. The petitioner has approached this Court, on the contention that the petitioner had moved an interlocutory application, against the sale proposed to be conducted by the respondent, on 23.12.2025 before the Debt Recovery Tribunal (DRT), Visakhapatnam which has posted the matter to 06.01.2026. The petitioner contends that the sale of the properties of the petitioner and the guarantors, on 30.12.2025, would effectively render the application filed by the petitioner, on 23.12.2025, infructuous. 4. The learned counsel for the respondent, on the other hand, would contend that the present notice has been issued after a series of litigations initiated by the petitioner before the DRT as well as this Court. Learned counsel would contend that the proceedings initiated by the respondents do not suffer from any infirmities and any stay of auction would result in grievous injury to the respondent inasmuch as the respondent has been unable to recover its dues for the past seven years. 4 5. Having perused the affidavit filed in support of the application and considering the objection raised by the learned counsel for the petitioner which is also put in the table extracted hereunder, we do not find any reason to intervene in this matter at this stage. Sl.No. Date Event 1 27.11.2018 The borrower filed SA No.294/2018 challenging the auction notice and the said SA was disposed on 27.11.2018 directing the borrower to discharge the entire liability due to the respondent Bank within 2 ½ months from the date of order and the Bank is directed not to take action pursuant to the sale notice dated 11.11.2018 and in the event of failure to pay the entire due the stay granted shall automatically stands vacated and the respondent bank is at liberty to proceed further in accordance with law after two months from the date of order. 2. 25.11.2019 Respondent Bank issued fresh Demand notice under Section 13(2) of the SARFAESI Act demanding for payment of Rs.1005.36 lakhs as on 31.08.2018 with interest 3. 12.08.2021 Possession notice was issued under Rule 8(1) & (2) and the same was affixed. 4. 18.08.2021 Possession notice was published in two news papers 5. 18.09.2021 SA No.333/2021 filed challenging the possession notice dated 12.08.2021 before DRT, Visakhapatnam 6. 16.02.2022 Fresh possession notice issued under Rule 8(1)& (2) for 16 properties and the same was affixed 7. 22.02.2022 Possession notice published in news paper 8. 21.03.2023 Rule 8(6) (redemption) notice 9. 08.04.2023 Rule 8(6) notice published in two news papers (Eenadu and Hindu) 10. 09.05.2023 Auction notice issued fixing the date of auction on 14.06.2023 and copy of the same is affixed 11. 13.05.2023 Auction notice published in Eenadu and Hindu 12. 11.06.2023 SA No.202/2023 is filed before DRT-I Hyderabad challenging the auction notice dated 09.05.2023 fixing the date of auction on 14.06.2023 and obtained interim stay dated 12.06.2023 subject to deposit of Rs.1.30 Crores and the same was complied. 13. 28.05.2024 SA No.333/2021 before DRT, Visakhapatnam was dismissed. At para No.7 and 8 it is held that the respondent Bank has rightly complied with the provisions of SARFAESI Act and Security Interest Enforcement Rules in respect of possession notice dated 12.08.2020. 14. 20.12.2024 SA No.202/2023 before DRT, Hyderabad was dismissed. At para No.8 & 13 it is held that the appellants failed to establish any valid ground challenging the possession notice, pre sale notice and sale notice issued by the respondent Bank 15. 06.08.2025 Bank issued Rule 8(6) notice and challenging the same SA No.447/2025 before DRT, Visakhapatnam 5 16. 07.08.2025 Borrower filed W.P.No.21145/2025 calling for the records pertaining to I A No.3052/2025 in SA No.477/2025 pending on the file of the Hon’ble Debt Recovery Tribunal, Visakhapatnam and set aside the same directing the Tribunal to dispose of the I.A.No.3052/2025 in SA No.477/2025 within a time frame as directed by this Hon’ble Court. 17. 14.08.2025 W.P.No.21145/2025 was disposed directing to dispose the I.A.No.3052/2025 preferably within six weeks. 18. 11.09.2025 Borrower filed W.P.No.24634/2025 challenging the sale notice dated 13.08.2025 published in Indian Express and Eenadu daily on 24.08.2025 putting the auction on 26.09.2025 as being violative of the orders passed by this Hon’ble Court in WP No.21145 of 2025 dated 14.08.2025 and set aside. 19. 12.09.2025 WP No.24634/2025 was disposed directing the DRT to pass appropriate orders on the application bearing IA No.3052 of 2025. Until such time as the same is decided in accordance with law, status quo be maintained with regard to the possession of the petitioner over the scheduled property. 20. 18.09.2025 DRT dismissed IA No.3052/2025 in SA No.447/2025 21. 05.12.2025 Bank issued auction notice fixing the date of auction on 30.12.2025. 22. 26.12.2025 Borrower filed WP challenging the auction notice. 6. Accordingly, this Writ Petition is disposed of, leaving it open to the petitioner to avail such remedies available to it under law. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 30.12.2025 KA 6 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 36340/2025 Date: 30.12.2025 KA