M/s. Sri Srinivasa Spintex (India) Ltd v. Union Bank of India
WP/5621/2026 · 2026-09-27
Battu Devanand, Tuhin Kumar Gedela
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12212 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12212 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010103912026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5621 OF 2026 Between:
1. M/s. Sri Srinivasa Spintex (India) Ltd, rep.by its Managing Director E. Konda Babu S/o. Satyanarayana Door No.104, K.N. Road, Pedatadepalli Village Tadepalligudem, West Godavari District ...Petitioner AND
1. Union Bank of India, Rep. by its Authorized Officer, Asset Recovery Branch, Door No.26-15-150 Andhra Bank Building, Changal Rao Peta, Visakhapatnam. ...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 topleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the sale notice dated 05-02-2026 issued by the respondent is illegal, arbitrary and violation of Article 14 and 300 A of the Constitution of India and to consequently set aside the same IA NO: 1 OF 2026 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
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pleased to stay all further proceedings in pursuance of sale notice dated 05- 02-2026 issued by the respondent pending disposal of the writ petition IA NO: 2 OF 2026 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 vacate the interim orders dated 26.02.2026 in lA No. 1 of 2026 in W.P. No. 5621 of 2026 and dismiss the AVP with exemplary costs. Counsel for the Petitioner: V V SATISH Counsel for the Respondent V DYUMANI The Court made the following order:
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THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 5621 OF 2026
ORDER: (Per Hon’ble Sri Justice Battu Devanand)
This Writ Petition is filed seeking issuance of an appropriate direction or
order, more particularly one in the nature of a Writ of Mandamus, declaring the sale notice, dated 05.02.2026 issued by the respondent as illegal, arbitrary and violation of Article 14 and 300-A of the Constitution of India and consequently prayed to set aside the notice, dated 05.02.2026. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent-bank. 3. The petitioner is the borrower. He availed loan for an amount of Rs.160 Crores form the respondent-bank. Thereafter, in the year 2019, the petitioner was classified as ‘N.P.A’ and the respondent-bank invoked the provisions of the SARFAESI Act, 2002. Initially, they issued notice under Section 13(2) of the Act, on 05.01.2020 and thereafter, issued another notice under Section 13(2) of the Act, on 14.02.2020. The said notices are under challenge before the Debts Recovery Tribunal, Visakhapatnam in Securitization Application Nos.743 of 2025 and 718 of 2025. During pendency of the said applications, the impugned sale notice, dated 05.02.2026 has been issued by the respondent-bank, which is challenged in this present Writ Petition. 4
4. Having considered the submissions of the respective counsel and on careful perusal of the material available on record, there is no dispute with regard to the admitted facts of the case. 5. Admittedly, this Court passed interim order, dated 26.02.2026 staying the sale notice, dated 05.02.2026 and the auction was not conducted till now. However, having considering the fact that the Securitization Application Nos.743 of 2025 and 718 of 2025 filed by the petitioner are pending before the Debts Recovery Tribunal, Visakhapatnam, in our view, it is appropriate and desirable to direct the Debts Recovery Tribunal, Visakhapatnam to dispose of the said two Securitization Applications, as expeditiously as possible, in the interest of justice. Keeping the said applications pending years together would not serve any purpose to both parties. 6. In view of the aforesaid reason, this Writ Petition is disposed of with a direction to the Debts Recovery Tribunal, Visakhapatnam to dispose of the Securitization Application Nos.743 of 2025 and 718 of 2025, as expeditiously as possible, preferably within a period of four (04) weeks, from the date of receipt of a copy of this order. Till the disposal of the applications by the Debts Recovery Tribunal, Visakhapatnam, the respondent-bank shall maintain Status-quo with respect to the secured assets. 5
7. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND
_______________________________ JUSTICE TUHIN KUMAR GEDELA Dated: 28.09.2026 PKR
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THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
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WRIT PETITION NO: 5621 OF 2026
Dated: 28.09.2026 PKR