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2026 DAILYLAW 15822 (AP)

PARIMI RAJINI v. STATE BANK OF INDIA

WP/2879/2026 · 2026-02-02

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2026

Judgment text

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APHC010044812026 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 2879/2026 Between: 1. PARIMI RAJINI, W/O PARIMI VENKATESWARA RAO @ GOPI, AGED ABOUT 63 YEARS, 20 SHANKAR NAGAR, PENAMALURU MANDAL, KANURU, KRISHNA DISTRICT- 520007. 1. STATE BANK OF INDIA, Rep by its authorised signatory, Surya Towers, 30-22, Road, Kothavanthena Center, Durga Agraharam, Sitaramapuram, Governor Peta, Vijayawada, Andhra Pradesh 520002. Petition under Article 226 of circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the acti proceedings in auction id CERSAI ID 200056532653 dated 09 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 m issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action to suspend auction IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 2879/2026 PARIMI RAJINI, W/O PARIMI VENKATESWARA RAO @ GOPI, AGED ABOUT 63 YEARS, 20-214/1, MARUTHI RECIDENCY, GOWERY SHANKAR NAGAR, PENAMALURU MANDAL, KANURU, KRISHNA 520007. ...PETITIONER AND STATE BANK OF INDIA, Rep by its authorised signatory, Surya 22, Road, Kothavanthena Center, Durga Agraharam, Sitaramapuram, Governor Peta, Vijayawada, Andhra Pradesh 520002. ...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 issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action to suspend auction proceedings in auction id CERSAI ID 200056532653 dated 09 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 issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action to suspend auction IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE THIRD DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA PARIMI RAJINI, W/O PARIMI VENKATESWARA RAO @ GOPI, AGED 214/1, MARUTHI RECIDENCY, GOWERY SHANKAR NAGAR, PENAMALURU MANDAL, KANURU, KRISHNA ...PETITIONER STATE BANK OF INDIA, Rep by its authorised signatory, Surya 22, Road, Kothavanthena Center, Durga Agraharam, Sitaramapuram, Governor Peta, Vijayawada, Andhra Pradesh 520002. ...RESPONDENT the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be issue an appropriate Writ or Order or direction more particularly on to suspend auction proceedings in auction id CERSAI ID 200056532653 dated 09-01-2026 and to Petition under Section 151 CPC praying that in the circumstances stated ay be pleased to issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action to suspend auction 2 CMR,J & GTK,J W.P.No.2879 of 2026 proceedings in auction id CERSAI ID 200056532653 dated 09-01-2026 and to pass Counsel for the Petitioner: 1. MAREEDU SASIDHAR Counsel for the Respondent: 1. 3 CMR,J & GTK,J W.P.No.2879 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. The petitioner is the guarantor for the loan availed by the principal borrower from the respondent-State Bank of India. As the borrower committed default in repayment of the loan amount, the Bank has sold the secured asset in the public auction that was held on 09.01.2026. Challenging the said auction, the petitioner, who is the guarantor, filed this writ petition. He challenges the legal validity of the auction on the ground that the petitioner being the guarantor has paid part of the loan amount, as demanded by the Bank and yet they have sold away the secured asset in the auction. That is the only ground on which the petitioner seeks to challenge the legal validity of the auction. We do not find any valid ground to interfere in the matter. When admittedly the guarantor has only paid part of the loan amount and still there is outstanding amount due to the Bank towards the loan account, the Bank has got every right to proceed with auction of the secured asset to realize the entire due amount from both the borrower and the guarantor. Therefore, there is absolutely no valid ground emanating from the record to invalidate the auction that was held on 09.01.2026 or to find fault with the Bank in proceeding with auction of the secured asset. 3. Therefore, we see no valid ground to entertain the writ petition. So, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 03.02.2026 MDP