1 APHC010008372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 809/2026 Between: 1. K V R PROJECTS PRIVATE LIMITED, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, KOLA VENKATA RAJU, S/O. KOLA NARASIMHA RAO, D.NO.4-59, PENUGONDA NAGAR, MAIN ROAD, VEMAGIRI, KADIYAM MANDAL, EAST GODAVARI DISTRICT-533 125. ...PETITIONER AND 1. THE AUTHORIZED OFFICER, THE STATE BANK OF INDIA, SME BRANCH, RAJAHMUNDRY BRANCH, RAJAHMUNDRY, EAST GODAVARI DISTRICT-533 101. 2. THE BRANCH MANAGER, STATE BANK OF INDIA, SME BRANCH, RAJAHMUNDRY BRANCH, RAJAHMUNDRY, EAST GODAVARI DISTRICT-533 101. ...RESPONDENT(S): 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 a writ, order or a direction, more particularly one in the nature of Writ of Mandamus,aggrieved by the action of the respondent Nos.1 and 2 in classifying the petitioner's Account EB-MSME-CC-USUAL CREDIT DISPENSE ACCOUNT NO.30273098397 as NPA on 29.12.2025 2 and also issuing demand notice dated 10.11.2025 without there being any such actual due whatsoever and consequently initiation of the SARFAESI proceedings as illegal, irregular, arbitrary and violation of the provisions of the Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act') and Rules framed there under and also offends Articles 14, 21 and 300-A of Constitution of India and consequentially to quash the proceedings issued under SARFAESI Act against my bank account bearing EB- MSME-CC-USUAL CREDIT DISPENSE ACCOUNT NO.30273098397, and to pass 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 pleased to stay all further proceedings pursuent to the notice under Section 13(2) of the SARFAESI Act, dated 10.11.2025 on my bank account bearing EB-MSME-CC-USUAL CREDIT DISPENSE ACCOUNT NO.30273098397, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. 3 The Court made the following: ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Challenging the notice issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”) by the respondent-bank by way of initiating measures under the SARFAESI Act for recovery of the loan amount from the petitioner, who is the principal borrower, the instant writ petition has been filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 2. Heard learned counsel for the petitioner. 3. When only a notice under Section 13(2) of the SARFAESI Act is issued, Section 13(3A) of the SARFAESI Act provides an opportunity to the petitioner to make a representation or raise an objection and in case, any such representation is made or objection is raised, the secured creditor shall consider such representation or objection. If the secured creditor is of the opinion that the said representation or objection is not acceptable or tenable, then it shall communicate the said decision within fifteen (15) days after receipt of the said representation or objection by mentioning reasons for such non-acceptance of the representation or objection to the borrower. 4. In the instant case, admittedly, the petitioner did not make any such representation or raised any such objection before the secured creditor, who is the respondent-bank. It has straight away filed this writ petition. 5. Therefore, the Writ Petition is disposed of with a direction to the petitioner to avail the remedy provided to it under Section 13(3A) of the SARFAESI Act and make a representation or raise an objection before the respondent-bank on the grounds which are urged now before this Court. There shall be no order as to costs. 4 In case, any such representation is made or objection is raised, the respondent-bank shall consider the same and pass appropriate orders on it by assigning reasons and if it is not accepted, the same has to be communicated to the petitioner or borrower within the time stipulated in the Section. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 07.01.2026 ARR 5 24 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 809/2026 Date: 07.01.2026 ARR