APHC010102792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 5409 of 2025 Bench Sr.No:-46 [3446] Rajaputra Nagendra Babu ...Petitioner Vs. the Gandhi Cooperative Urban Bank Ltd ...Respondent ********** Advocate for Petitioner: Mr. V V Satish Advocate for Respondent: Mr. P A Seshu CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 17th April 2025 P C : In the earlier round of litigation, the proceedings initiated by the Bank against the petitioner under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as “the SARFAESI Act”) were set aside and the Securitization Application was allowed. It is pertinent to mention that in the proceedings before the DRT, the petitioner had earlier challenged the demand notice, the possession notice as also other proceedings initiated by the Bank in pursuance of the demand notice, as illegal, arbitrary and violative of principles of natural justice. 2 HCJ & RRR, J W.P. No: 5409 of 2025 It appears that pursuant to the conclusion of the proceedings before the DRT and setting aside the demand notice, the Bank has yet again initiated proceedings based upon the earlier demand notice, dated 15.05.2023, which has since been set aside by the DRT by virtue of its order, dated 01.08.2024, passed in S.A. No.139 of 2024. 2. Learned counsel for the respondent does not deny that the proceedings under the SARFAESI Act had to be initiated yet again and a fresh notice under Section 13(2) of the SARFAESI Act had to be issued. 3. Be that as it may, the writ petition is allowed setting aside the impugned notice, dated 01.02.2025. We, however, make it clear that it will be open to the Bank to initiate the proceedings afresh by complying with the provisions of the SARFAESI Act in its letter and spirit by issuing a fresh notice under Section 13(2) of the SARFAESI Act. No costs. Pending miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO,J akn 3 HCJ & RRR, J W.P. No: 5409 of 2025 HON’BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO Writ Petition No: 5409 of 2025 DATE : 17.04.2025 AKN 111