APHC010049312026 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: 2963/2026 Between: 1. M/S. KOTAK MAHINDRA BANK LTD, .6 CHAMBERS, 2ND FLOOR, RAJ BHAVAN ROAD,SOMAJIGUDA, HYDERABAD-500082, REP. BY ITS AUTHORIZED OFFICER SRI H.RAMESH KUMAR S/O H.V.SUBBA RAO PRESIDENT (LEGAL). 1. V RAHUL CHETHAN, R/O D.NO. 13 COLONY, TIRUPATI 2. VAVULURU SUDHAKAR BABU, R/O D.NO. 13 REDDY COLONY, TIRUPATI 3. PALAMALA SUGUNA, R/O COLONY, TIRUPATI 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 a Writ of Direction (i) declaring the inaction of the Principal Senior Civil Judge cum Chief Judicial Magistrate, Chittoor in disposing the CrI.M.P. vide CFR No. 805/2025 filed by the petitioner as per the time lines SARFAESI Act 2002 as illegal arbitrary and violative of article 300A of the 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: 2963/2026 M/S. KOTAK MAHINDRA BANK LTD, .6-3-1109/1, NAVABHARAT CHAMBERS, 2ND FLOOR, RAJ BHAVAN ROAD,SOMAJIGUDA, 500082, REP. BY ITS AUTHORIZED OFFICER SRI H.RAMESH KUMAR S/O H.V.SUBBA RAO OCC. DEPUTY VICE PRESIDENT (LEGAL). ...PETITIONER AND V RAHUL CHETHAN, R/O D.NO. 13-535, REDDY AND REDDY TIRUPATI- 517501 VAVULURU SUDHAKAR BABU, R/O D.NO. 13-535, REDDY AND TIRUPATI- 517501 PALAMALA SUGUNA, R/O D.NO. 13-535, REDDY AND REDDY TIRUPATI- 517501 ...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 issue a Writ of Mandamus or any other appropriate Writ, Order, or (i) declaring the inaction of the Principal Senior Civil Judge cum Chief Judicial Magistrate, Chittoor in disposing the CrI.M.P. vide CFR No. 805/2025 filed by the petitioner as per the time lines mentioned under SARFAESI Act 2002 as illegal arbitrary and violative of article 300A of the IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE THIRD DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA 1109/1, NAVABHARAT CHAMBERS, 2ND FLOOR, RAJ BHAVAN ROAD,SOMAJIGUDA, 500082, REP. BY ITS AUTHORIZED OFFICER SRI OCC. BY ITS AUTHORIZED OFFICER SRI OCC. DEPUTY VICE ...PETITIONER 535, REDDY AND REDDY 535, REDDY AND 535, REDDY AND REDDY ...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 ate Writ, Order, or (i) declaring the inaction of the Principal Senior Civil Judge cum Chief Judicial Magistrate, Chittoor in disposing the CrI.M.P. vide CFR No. mentioned under SARFAESI Act 2002 as illegal arbitrary and violative of article 300A of the 2 CMR,J & GTK,J W.P.No.2963 of 2026 Constitution of India and consequently direct to forthwith number the CrI.M.P. filed by the Petitioner under Section 14 of the SARFAESI Act, 2002 (sworn to on 29.09.2025) and to dispose of the said application and pass orders appointing an Advocate Commissioner for taking physical possession of the schedule property within a time-bound period not exceeding 30 days, in strict compliance with the SARFAESI Act and (iii) pas 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 to direct the registry of the Principal Senior Civil Judge cum Chief Judicial Magistrate, Chittoor to number the CrIM.P. filed vide CFR.no.805/2025 and pass Counsel for the Petitioner: 1. VENKATA NARAYANA RAO VEDULA Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.2963 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. As the learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Chittoor, is not disposing of the Crl.M.P. vide CFR No.805 of 2025 filed by the petitioner-Bank under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short, ‘the Act’), notices to respondents is hereby dispensed with, as this writ petition is being disposed of with a direction to the learned Principal Senior Civil Judge to dispose of the said application expeditiously. 3. The petitioner is the Bank, which has sanctioned loan to the 1st respondent-principal borrower. For which, respondent Nos.2 and 3 stood as guarantors, offering their immovable property as security for the loan sanctioned to the 1st respondent. As the borrower committed default in repayment of the loan amount, the Bank has initiated measures under the Act. After issuing notices under Sections 13(2) and 13(4) of the Act, the Bank has filed an application under Section 14 of the Act before the learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Chittoor, to take possession of the secured asset, on 29.09.2025. 4. Now, the only grievance of the petitioner, as noticed supra, is that the learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Chittoor, is not disposing of the said application. Therefore, the writ petition is disposed of with a direction to the learned Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Chittoor, to dispose of the said Crl.M.P. vide CFR No.805 of 2025 on its file expeditiously by way of passing an appropriate order, according to law, within four weeks from date of receipt of this order. 5. The Writ Petition is disposed of with the above direction. There shall be no order as to costs. 4 CMR,J & GTK,J W.P.No.2963 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 03.02.2026 MDP